Singapore legislation
Clause 55
Clause 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 referred to in section 53(2), (4) or (5) or 54 (referred to in this section as the decision of the Disciplinary Tribunal) may, within 30 days after the service on the registered allied health professional of the notice of the order, appeal to the High Court against the order (referred to in this section as an appeal to 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 he has not received notice of the Council’s decision to file an appeal to the High Court, apply to a Review Committee to direct the Council to file an appeal to the High Court.
(3)
For the purposes of hearing applications under subsection (2), the Minister may from time to time appoint one or more Review Committees, each comprising —
one member from the panel referred to in section 50(1)(a); and
2 members who shall be registered allied health professionals each of whom has practised for not less than 10 years in the same prescribed allied health profession as that which the registered allied health professional is registered in.
(4)
The chairman of a Review Committee shall be appointed by the Minister from among its 3 members.
(5)
A Review Committee shall not be bound by the rules of evidence and shall 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 High Court, direct the Council to file an appeal to the High Court.
(7)
Before exercising its power under subsection (6), the Review Committee shall 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) shall be final.
(9)
If the Review Committee directs the Council to file an appeal to the High Court, the Council shall do so within 14 days of the receipt of the direction notwithstanding the expiry of 30 days referred to in subsection (1).
(10)
An appeal under this section shall be heard by the High Court and from the decision of that Court there shall be no appeal.
(11)
The procedure governing any such appeal to the High Court shall be as provided in the Rules of Court.
(12)
In any appeal to the High Court against a decision referred to in section 53(2), (4) or (5) or 54, the High Court shall 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 High Court unsafe, unreasonable or contrary to the evidence.
(13)
Notwithstanding anything in section 53 or 54, where a registered allied health professional has appealed to the High Court against an order referred to in section 53(2) or 54, the order shall not take effect unless the order is confirmed by the High Court or the appeal is for any reason dismissed by the High Court or is withdrawn.