Singapore legislation
Clause 51
Clause 51
Decision of Council after recommendation by Complaints Assessment Committee
(1)
After receiving the findings and recommendation of a Complaints Assessment Committee on a disciplinary case against a registered veterinarian, the Council may —
accept the recommendation and take the recommended action;
take an action mentioned in section 50(a) or (b) or take one or more actions mentioned in section 50(c); or
refer the disciplinary case back to the Complaints Assessment Committee or another Complaints Assessment Committee appointed in its place for further inquiry.
(2)
The Council must not take any action mentioned in section 50(c)(i), (ii) or (iv) unless the Council is satisfied that the Complaints Assessment Committee had given the registered veterinarian an opportunity to make representations either personally or by counsel as to why that action should not be taken against him or her.
(3)
The representations mentioned in subsection (2) may be made in writing or, if the Complaints Assessment Committee allows, in person.
(4)
If the Council takes any action mentioned in section 50(c)(ii) or (iv) and the registered veterinarian contravenes any requirement of the action —
the Council may refer the disciplinary case to a Disciplinary Committee for a formal inquiry; and
upon such referral, any other action taken by the Council under subsection (1)(a) or (b) (read with section 50(c)) on the disciplinary case is revoked.
(5)
The Registrar must, as soon as practicable, give written notice of the Council’s decision under subsection (1) or (4) to the registered veterinarian and the complainant (if the complainant is not the Council).
(6)
If the Council takes any action mentioned in section 50(c)(i), (ii) or (iv) and the registered veterinarian is dissatisfied with that decision, the registered veterinarian may, within 30 days after service of the notice mentioned in subsection (5), appeal to the Minister whose decision is final.
(7)
If the Council takes any action mentioned in section 50(a) or (c)(i), (ii) or (iv) and the complainant is dissatisfied with that decision, the complainant may, within 30 days after service of the notice mentioned in subsection (5), appeal to the Minister whose decision is final.
(8)
The Minister may, in an appeal made under subsection (6) or (7) —
affirm the decision of the Council;
refer the disciplinary case to a Disciplinary Committee for a formal inquiry;
dismiss the disciplinary case (if no other action is taken under subsection (1)(a) or (b) (read with section 50(c)) on the disciplinary case) or revoke the decision of the Council (in any other case); or
make any other order that the Minister thinks fit.
(9)
The Registrar must, as soon as practicable, give written notice of the Minister’s decision under subsection (8) to the registered veterinarian and the complainant (if the complainant is not the Council).
(10)
If the Minister refers the disciplinary case to a Disciplinary Committee under subsection (8)(b), any decision of the Council under subsection (1)(a) or (b) on the disciplinary case is revoked.
(11)
The following members of the Council must not participate in or influence the decision of the Council under subsection (1) or (4) or section 52(3), (4), (5) or (7):
the Registrar;
if the disciplinary case is brought after the expiry of the applicable period mentioned in section 42(1) or (2) — the appointed member mentioned in section 43 for the disciplinary case;
if the Council is the complainant in the disciplinary case — any member of the Council who participated in or influenced the Council’s decision to bring the disciplinary case under section 41(3);
if the Council makes a referral, takes an action or gives a direction mentioned in section 75(1) for the continuation of a disciplinary case despite the withdrawal of the disciplinary case — any member of the Council who participated in or influenced the Council’s decision to make the referral, take the action or give the direction;
any member of an Interim Orders Committee that inquired into or reviewed, or is inquiring into or reviewing, the disciplinary case;
an investigator appointed to investigate the disciplinary case.
(12)
To avoid doubt, a member of the Council (not being a member mentioned in subsection (11)) who participated in or influenced any other decision of the Council on the disciplinary case under this Part is not, by reason only of such participation or influence, disqualified from participating in or influencing the Council’s decision under subsection (1) or (4) or section 52(3), (4), (5) or (7).