Singapore legislation

Clause 53

of Veterinary Practice Bill

Clause 53

Appointment of Disciplinary Committee

(1)

If the Council decides to refer a disciplinary case to a Disciplinary Committee for a formal inquiry, the disciplinary case must be referred to a Disciplinary Committee appointed under this section.

(2)

The Council may appoint a Disciplinary Committee comprising 3 or more members from among the members of the Council and members of the Complaints Panel, of whom —

(a)

subject to subsection (3), at least one member must be a member of the Council and a registered veterinarian with at least 8 years’ experience as a veterinarian;

(b)

subject to subsection (3), at least one member must be a member of the Complaints Panel and a registered veterinarian with at least 8 years’ experience as a veterinarian; and

(c)

subject to subsection (4), at least one member must be a member of the Complaints Panel and a legal professional.

(3)

If, in the Council’s opinion, it is inexpedient, difficult or impracticable to appoint a registered veterinarian mentioned in subsection (2)(a) or (b), the Council may appoint to the Disciplinary Committee any other registered veterinarian from among the members of the Council or the members of the Complaints Panel, as the case may be.

(4)

If, in the Council’s opinion, it is inexpedient, difficult or impracticable to appoint under subsection (2)(c) a legal professional, the Council may appoint to the Disciplinary Committee, from among the members of the Complaints Panel —

(a)

an advocate and solicitor who has less than 10 years’ standing; or

(b)

a Judicial Service Officer or Legal Service Officer who has less than 10 years of full‑time employment in the Singapore Judicial Service or the Singapore Legal Service (or both).

(5)

The Council must appoint as the chairperson of the Disciplinary Committee —

(a)

a member of the Disciplinary Committee who satisfies subsection (2)(a); or

(b)

if subsection (3) applies — a member of the Disciplinary Committee who is a member of the Council and a registered veterinarian.

(6)

The Council must also appoint a member of the Complaints Panel who is a layperson as the observer of the proceedings of the Disciplinary Committee.

(7)

The following members of the Council or the Complaints Panel must not be a member or an observer of a Disciplinary Committee for a disciplinary case:

(a)

the Registrar;

(b)

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;

(c)

any member of the Complaints Panel who assisted the Registrar in reviewing the disciplinary case under section 44(2)(a);

(d)

if a Complaints Assessment Committee has conducted an inquiry in respect of the disciplinary case — any member of that Committee;

(e)

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);

(f)

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;

(g)

any member of an Interim Orders Committee that inquired into or reviewed, or is inquiring into or reviewing, the disciplinary case;

(h)

an investigator appointed to investigate the disciplinary case.

(8)

To avoid doubt, a member of the Council (not being a member mentioned in subsection (7)) who participated in or influenced any other decision of the Council on a disciplinary case under this Part is not, by reason only of such participation or influence, disqualified from being a member of a Disciplinary Committee for the disciplinary case.

(9)

An observer appointed to a Disciplinary Committee must not vote on any question or matter to be decided by the Disciplinary Committee and does not have to be present at every meeting of the Disciplinary Committee.

(10)

A Disciplinary Committee may be appointed in connection with one or more disciplinary cases or for a fixed period of time, as the Council thinks fit.