Optometrists and Opticians (Investigation of Complaints) Regulations

Any complaint against or information concerning a registered person in connection with any of the matters specified in section 20(3) of the Act shall be submitted to the Board in writing and supported by such statutory declaration as the Board may require, except that no statutory declaration shall be required if the complaint is made, or information is provided, by a public officer or a member of the Board.

Where any complaint is made, or any information is provided, by a member of the Board under paragraph (1), that member —

Where, upon considering any complaint or information submitted under regulation 3(1), the Board is satisfied that the complaint or information does not disclose a prima facie case for inquiry, the Board shall direct that the complaint or information be dismissed.

Where, upon considering any complaint or information submitted under regulation 3(1), the Board is satisfied that the complaint or information discloses a prima facie case for inquiry, the Board shall direct the Registrar to serve on the registered person —

Upon considering any explanation submitted by the registered person under paragraph (2)(b), the Board may —

For the purposes of paragraph (3), where the complaint or information is based on the conviction of the registered person of an offence specified in section 20(3)(g) or (h) of the Act, the Board may have regard to the record of the proceedings in court relating to that offence.

The Board shall, before exercising its power under section 20(3) or (4) of the Act —

For the purpose of section 20 of the Act, the Board may appoint one or more committees, to be known as Inquiry Committees, and delegate to such committees the power to inquire into any complaint or information in respect of which the Board may take action against registered persons under that section.

An Inquiry Committee shall comprise such number of members as the Board may determine, and the members may include members of the Board.

The Board may at any time remove any member of, or fill any vacancy in, an Inquiry Committee.

A member of the Board who is a member of an Inquiry Committee inquiring into any complaint or information against a registered person —

An Inquiry Committee shall, within 3 months from the date any complaint or information is referred to the Committee or such further period as the Board may grant, complete its inquiry into the complaint or information and report its findings to the Board.

The Board may appoint an advocate and solicitor or a public officer to assist the Inquiry Committee in conducting an inquiry.

An advocate and solicitor appointed under paragraph (1) may be paid such fees as the Board may approve.

Where any complaint or information is referred to an Inquiry Committee, the Board shall direct the Registrar to serve on the registered person a notice which shall —

The inquiry shall not be held earlier than 28 days after the date of the notice, except with the agreement of the registered person.

The Inquiry Committee may, of its own motion or upon the application of any party, postpone the commencement of the inquiry to such date as the Committee may determine.

Any application for postponement of the commencement of an inquiry shall be —

If a registered person wishes to raise any defence at the inquiry, he or his counsel shall, at least 14 days before the date fixed for the commencement of the inquiry, send to the appointed counsel —

The appointed counsel shall, as soon as possible, send to the Secretariat of the Board a copy of any statement, report or document received under paragraph (1).

The appointed counsel and the registered person or his counsel shall, as far as possible, prepare an agreed statement of facts, an agreed bundle of documents or exhibits to be used at the inquiry, and the lists of witnesses whom the parties intend to call at the inquiry.

The appointed counsel shall, at least 7 days before the date of commencement of the inquiry, send the following, if available, to the Secretariat of the Board and to the registered person or his counsel:

The appointed counsel may —

The case against the registered person may be presented by the appointed counsel at the inquiry.

The registered person may appear in person or be represented by counsel at the inquiry.

If the registered person does not appear at the inquiry, the Inquiry Committee may proceed with the inquiry after satisfying itself that a notice of inquiry was served on him in accordance with regulation 7.

The Inquiry Committee shall adopt the following procedure for holding its inquiry but may, in any particular case, make such variations or modifications as it thinks fit:

The Inquiry Committee shall not be bound to act in a formal manner and shall not be bound by the Evidence Act (Cap. 97) or by any other written law or rule of law relating to evidence, but may inform itself on any matter in such manner as it thinks fit.

The Inquiry Committee may, in its discretion, conduct proceedings under these Regulations notwithstanding the absence of one of its members and the validity of the proceedings shall not be challenged on this ground.

No act done by or under the authority of the Inquiry Committee shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of any of its members.

If the Inquiry Committee is satisfied that the registered person or his counsel is hampering or attempting to hamper the progress of the inquiry, the Committee shall administer a warning to the registered person and, where appropriate, his counsel.

If the Inquiry Committee is satisfied that a warning administered under paragraph (6) is being disregarded, the Committee shall make a record to that effect and shall proceed to complete the inquiry in such manner as it thinks fit.

The Inquiry Committee shall proceed with its inquiry from day to day and no adjournment shall be given except for reasons to be recorded in writing.

No adjournment shall be given for more than 14 days except with the permission of the Chairman of the Board.

At the conclusion of the inquiry, the Inquiry Committee shall consider whether the complaint or information has been proven to its satisfaction, and shall proceed to prepare its report on the findings of the Committee.

The Inquiry Committee shall inform the registered person or his counsel of its findings in relation to the facts of the case either immediately or on a subsequent date of which reasonable notice is to be given.

The Inquiry Committee shall send its report to the Board as soon as practicable.

The record of the inquiry shall comprise —

The information obtained at the inquiry may be in the form of question and answer or in the form of a narrative.

Notwithstanding that the information obtained at the inquiry is in the form of a narrative, the Inquiry Committee may, in its discretion, record any particular question and answer.

The Board may, upon considering the report of the Inquiry Committee, decide whether the complaint or information has been proven to its satisfaction, and —

If the Board determines that any complaint or information has been proven to its satisfaction, the Board shall, before exercising its power under section 20(3) or (4) of the Act —

The Registrar shall notify the registered person and the complainant of the decision of the Board.

The Board may inform the dean or registrar or other officer of any university, college, institution or other examination body from which the registered person received his degree or qualification of the Board’s decision.

The Board may, in its discretion, publish an account of the inquiry by the Inquiry Committee, its findings and the decision of the Board.