Medical Registration Act 1997 · 2020 Revised Edition · Part 7 · Disciplinary Proceedings and Inquiries
43. Inquiry by Inquiry Committee
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Where any complaint or information is referred to the chairman of the Complaints Panel under section 40(5) (other than information mentioned in section 40(4)(d) where section 40(9)(a) or (b)(ii) applies), the chairman of the Complaints Panel must, within 2 weeks after the referral —
Complaints Panel
“Complaints Panel” means the panel appointed by the Medical Council under section 38;
appoint an Inquiry Committee consisting of —
a chairman, being a member of the Complaints Panel who is a registered medical practitioner; and
one other member of the Complaints Panel who is a registered medical practitioner,to inquire into the complaint or information; and (b)refer the complaint or information to the Inquiry Committee.
An Inquiry Committee may, in the course of an inquiry under subsection (1), require the complainant, registered medical practitioner concerned or any other person to answer any question or provide any information or document that the Inquiry Committee considers relevant for the purpose of the inquiry.
registered medical practitioner
“registered medical practitioner” means a person registered under this Act and includes a person deemed to be so registered under section 72(1);
An Inquiry Committee must complete its inquiry under subsection (1) within 3 weeks after the date that the complaint or information is referred to the Inquiry Committee and —
if the Committee is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance — dismiss the complaint or information and give reasons for the dismissal;
if the Committee is unanimously of the opinion that the complaint or information is not frivolous, vexatious, misconceived or lacking in substance and —
is unanimously of the opinion that no investigation is necessary — issue a letter of advice to the registered medical practitioner; or
is unanimously of the opinion that an investigation is necessary — refer the matter to the chairman of the Complaints Panel to appoint a Complaints Committee to inquire into the matter, and direct one or more investigators to investigate the matter; or
in any other case — refer the matter to the chairman of the Complaints Panel to appoint a Complaints Committee to inquire into the matter, and direct one or more investigators to investigate the matter.
The chairman of the Complaints Panel may, upon a written request by an Inquiry Committee, grant to the Inquiry Committee one (but not more than one) extension of the period mentioned in subsection (3) if the chairman is satisfied that the circumstances of the case justify the grant of the extension, except that the extension must not extend beyond the period of 6 weeks after the date that the complaint or information is referred to the Inquiry Committee.
A decision of an Inquiry Committee under subsection (3) is final.