Singapore legislation

Regulation 12

of Allied Health Professions (Professional Conduct and Discipline) Regulations 2013

Regulation 12

Disciplinary Tribunal may alter charge or frame new charge

Subregulation 1

A Disciplinary Tribunal may alter a charge or frame a new charge, whether in substitution for or in addition to an existing charge, at any time before it makes a finding under section 53 of the Act.

Subregulation 2

An altered charge or a new charge must be read and explained to the registered allied health professional.

Subregulation 3

If a charge is altered or a new charge is framed under paragraph (1), the Disciplinary Tribunal must immediately call on the registered allied health professional to enter his or her plea and to state whether he or she is ready for the inquiry to proceed on the altered or new charge.

Subregulation 4

If the registered allied health professional declares that he or she is not ready for the inquiry to proceed on the altered or new charge, the Disciplinary Tribunal must duly consider any reason he or she gives.

Subregulation 5

Despite paragraph (4), if the Disciplinary Tribunal thinks that proceeding immediately with the inquiry is unlikely to prejudice the registered allied health professional’s defence or the conduct of the case by the Council’s solicitor, then the Disciplinary Tribunal may proceed with the inquiry.

Subregulation 6

If, after considering any reason given by the registered allied health professional under paragraph (4), the Disciplinary Tribunal thinks that proceeding immediately with the inquiry is likely to prejudice the registered allied health professional’s defence or the conduct of the case by the Council’s solicitor, then the Disciplinary Tribunal may direct a new inquiry or adjourn the inquiry for as long as it thinks necessary.

Subregulation 7

If a charge is altered or a new charge is framed by the Disciplinary Tribunal after the start of an inquiry, the Council’s solicitor and the registered allied health professional must, on application to the Disciplinary Tribunal by either party, be allowed to recall or re‑summon and examine any witness who may have been examined, with respect to the altered or new charge only, unless the Disciplinary Tribunal thinks that the application is frivolous or vexatious, or is otherwise an abuse of process.