Section 40
Inquiry by Complaints Committee
of Pharmacists Registration Act 2007
(1)
A Complaints Committee must inquire into any complaint or information, or any information or evidence mentioned in subsection (9), and complete its preliminary inquiry not later than 3 months from —
the date the complaint or information is laid before the Complaints Committee; or
the date the information or evidence mentioned in subsection (9) is received by the Complaints Committee,as the case may be.
(2)
Where a Complaints Committee is of the opinion that it will not be able to complete its preliminary inquiry within the period specified in subsection (1) due to the complexity of the matter or serious difficulties encountered by the Complaints Committee in conducting its preliminary inquiry, the Complaints Committee may apply in writing to the chairperson of the Complaints Panel for an extension of time to complete its inquiry and the chairperson may grant such extension of time to the Complaints Committee as the chairperson thinks fit.
(3)
For the purposes of any inquiry, a Complaints Committee may —
call upon or appoint any person it considers necessary to assist it in its investigations and deliberations;
require the production of any book, document, paper or other record which may be related to or be connected with the subject matter of the inquiry for inspection by the Complaints Committee or the person appointed under paragraph (a) and for making copies thereof; and
require the registered pharmacist concerned to give all information in relation to any such book, document, paper or other record which may be reasonably required by the Complaints Committee or by the person so appointed.
(4)
Any registered pharmacist or any other person who, without lawful excuse —
refuses or fails to produce to a Complaints Committee or to any person to whom the Complaints Committee may appoint for the purpose of the inquiry any book, document, paper or other record mentioned in subsection (3); or
fails to give any such information relating thereto,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction.
(5)
All such information, including any book, document, paper or other record used by the Complaints Committee in the course of its deliberations, is confidential and must not be disclosed to any person, including the registered pharmacist, unless the Complaints Committee in its discretion thinks otherwise.
(6)
The Complaints Committee may, at any time before it makes its findings, seek any legal advice that it thinks necessary.
(7)
Where a Complaints Committee is of the opinion that a registered pharmacist should be called upon to answer any allegation made against him or her, the Complaints Committee must serve on the registered pharmacist —
copies of any complaint and any statutory declaration or affidavit that has been made in support of the complaint; or
any information and any statutory declaration or affidavit that has been made in support of the information,and a notice inviting the registered pharmacist, within the period (not being less than 21 days) specified in the notice, to give to the Complaints Committee any written explanation the registered pharmacist may wish to offer.
(8)
The registered pharmacist concerned does not have the right to be heard by the Complaints Committee, whether in person or by counsel, unless the Complaints Committee in its absolute discretion otherwise allows.
(9)
Where, in the course of its inquiry, a Complaints Committee receives information touching on or evidence of the conduct or physical or mental fitness of the registered pharmacist concerned which may give rise to proceedings under this Part, the Complaints Committee may, after giving notice to the registered pharmacist, decide on its own motion to inquire into that matter.
(10)
Where the complainant withdraws his or her complaint before —
the Council has referred the complaint to a Complaints Committee or the Health Committee under this Part; or
the inquiry by a Complaints Committee, Disciplinary Committee or the Health Committee has concluded,the Council may, despite the withdrawal —
refer the complaint to a Complaints Committee or the Health Committee; or
direct a Complaints Committee, Disciplinary Committee or the Health Committee to continue the inquiry.
(11)
The Complaints Committee, Disciplinary Committee or Health Committee (as the case may be) must comply with a direction made under subsection (10)(d) and all future proceedings thereon must be taken as if the complaint had been made by the Council.
(12)
Any member of the Council who is employed in the Ministry of Health is not disqualified from being a member of a Complaints Committee, Disciplinary Committee or the Health Committee by reason only that the member or the complainant is so employed.