33.
—(1) For the purpose of enabling Complaints Committees and Disciplinary Committees to be constituted in accordance with this Part, the Council shall appoint a panel (referred to in this Act as the Complaints Panel) consisting of —
(a)
not less than 5 members of the Council;
(b)
not less than 10 registered dentists of at least 10 years’ standing who are not members of the Council;
(c)
not less than 5 registered oral health therapists who have at least 10 years of practical experience in the area of oral health therapy and who are not members of the Council; and
(d)
not less than 5 lay persons nominated by the Minister.
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(2) The term of office of a member of the Complaints Panel referred to in subsection (1)(a) shall expire at the end of his term of office as member of the Council, and a member of the Complaints Panel referred to in subsection (1)(b), (c) or (d) shall be appointed for a term of 2 years; and any member shall be eligible for reappointment.
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(3) The Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership.
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(4) The Council shall appoint a member of the Complaints Panel who is a member of the Council to be the chairman of the Complaints Panel.
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34.
—(1) Any —
(a)
complaint of the conduct of a registered dentist or registered oral health therapist in his professional capacity or of his improper act or conduct which brings disrepute to his profession;
(b)
information on the conviction of a registered dentist or registered oral health therapist of any offence implying a defect in character which makes him unfit for his profession; or
(c)
information touching upon the physical or mental fitness to practise of a registered dentist or registered oral health therapist,
shall be made or given to the Council which shall refer the complaint or information, other than a complaint or information touching on the matters referred to in section 21 or 21H, to the chairman of the Complaints Panel.
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(2) The Council may, on its own motion, refer any information on the conviction of a registered dentist or registered oral health therapist of any offence implying a defect in character which makes him unfit for his profession to the chairman of the Complaints Panel.
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(3) Where a registered dentist or registered oral health therapist has contravened section 31 or 31A, or has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, the Council shall, notwithstanding subsection (1) or (2), immediately refer the matter to a Disciplinary Committee under section 37.
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(4) Every complaint made or information given shall be in writing and shall be supported by such statutory declaration as the Council may require except that no statutory declaration shall be required if the complaint or information is made or given by any public officer.
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(5) The chairman of the Complaints Panel may from time to time appoint one or more committees (to be known for the purposes of this Act as Complaints Committees) consisting of —
(a)
a chairman, being a member of the Complaints Panel who is a member of the Council;
(b)
2 members of the Complaints Panel comprising 2 registered dentists or one registered dentist and one registered oral health therapist; and
(c)
a member of the Complaints Panel who is a lay person,
which shall inquire into any complaint or information mentioned in subsection (1) or (2).
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(6) A Complaints Committee shall be appointed in connection with one or more matters or for such fixed period of time as the chairman of the Complaints Panel may think fit.
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(7) Where any complaint or information mentioned in subsection (1)(a) or (b) or (2) is referred to the chairman of the Complaints Panel, the chairman of the Complaints Panel shall lay the complaint or information before a Complaints Committee.
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(8) Where any complaint or information mentioned in subsection (1)(c) is referred to the chairman of the Complaints Panel, the chairman of the Complaints Panel shall —
(a)
if he is satisfied, based on any information given in support of the complaint or information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered dentist or registered oral health therapist to practise, refer the complaint or information to the Health Committee; or
(b)
in any other case, lay the complaint or information before a Complaints Committee.
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(9) The chairman of the Complaints Panel may at any time revoke the appointment of any Complaints Committee or may remove any member of a Complaints Committee or fill any vacancy in a Complaints Committee.
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(10) No act done by or under the authority of a Complaints Committee shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
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(11) All the members of a Complaints Committee shall be present to constitute a quorum for a meeting of the Complaints Committee and any resolution or decision in writing signed by all the members of a Complaints Committee shall be as valid and effectual as if it had been made or reached at a meeting of the Complaints Committee where all its members were present.
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(12) A Complaints Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit.
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(13) The chairman of a Complaints Committee may at any time summon a meeting of the Complaints Committee.
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(14) All members of a Complaints Committee present at any meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.
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(15) A member of a Complaints Committee shall, notwithstanding that he has ceased to be a member of the Complaints Panel on the expiry of his term of office, be deemed to be a member of the Complaints Panel until such time as the Complaints Committee has completed its work.
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35.
—(1) A Complaints Committee shall inquire into any complaint or information, or any information or evidence referred to in subsection (9), and complete its preliminary inquiry not later than 3 months from —
(a)
the date the complaint or information is laid before the Complaints Committee; or
(b)
the date the information or evidence referred to in subsection (9) is received by the Complaints Committee,
as the case may be.
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(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 chairman of the Complaints Panel for an extension of time to complete its inquiry and the chairman of the Complaints Panel may grant such extension of time to the Complaints Committee as he thinks fit.
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(3) For the purposes of any inquiry, a Complaints Committee may —
(a)
call upon or appoint any person it considers necessary to assist it in its investigations and deliberations;
(b)
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
(c)
require the registered dentist or registered oral health therapist 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.
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(4) Any registered dentist, registered oral health therapist or any other person who, without lawful excuse —
(a)
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 referred to in subsection (3); or
(b)
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 thereof during which the offence continues after conviction.
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(5) All such information, including such book, document, paper or other record used by the Complaints Committee in the course of its deliberations, shall be confidential and shall not be disclosed to any person including the registered dentist or registered oral health therapist unless the Complaints Committee in its discretion thinks otherwise.
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(6) The Complaints Committee may, at any time before it makes its findings, seek such legal advice as it thinks necessary.
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(7) Where a Complaints Committee is of the opinion that a registered dentist or registered oral health therapist should be called upon to answer any allegation made against him, the Complaints Committee shall post or deliver to that registered dentist or registered oral health therapist —
(a)
copies of any complaint or information and of any statutory declaration or affidavit that have been made in support of the complaint or information; and
(b)
a notice inviting that registered dentist or registered oral health therapist to give to the Complaints Committee, within such period (not being less than 21 days) as may be specified in the notice, any written explanation he may wish to offer.
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(8) The registered dentist or registered oral health therapist concerned shall 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.
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(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 dentist or registered oral health therapist concerned which may give rise to proceedings under this Part, the Complaints Committee may, after giving notice to him, decide on its own motion to inquire into that matter.
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(10) Where the complainant withdraws his complaint before —
(a)
it is referred to a Complaints Committee or the Health Committee under this Part; or
(b)
the conclusion of the inquiry of a Complaints Committee or Disciplinary Committee before which it is laid, or of the Health Committee,
the Council may, notwithstanding such withdrawal, direct that an inquiry be conducted into the complaint or the inquiry into the complaint be continued, and the chairman of the Complaints Panel, the Complaints Committee, the Disciplinary Committee or the Health Committee, as the case may be, shall comply with such direction as if the complaint had been made by the Council.
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(11) Any member of the Council who is employed in the Ministry of Health shall not be disqualified from being a member of a Complaints Committee or Disciplinary Committee or the Health Committee by reason only that he or the complainant is so employed.
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36.
—(1) Upon due inquiry into the complaint or information, or any information or evidence referred to in section 35(9), a Complaints Committee shall —
(a)
if it is of the view that no formal inquiry is necessary —
(i)
order that the registered dentist or registered oral health therapist be issued with a letter of advice;
(ii)
order that the registered dentist or registered oral health therapist be warned;
(iii)
order that the complaint or matter be dismissed; or
(iv)
make such other order as it thinks fit; or
(b)
if it is of the view that a formal inquiry is necessary —
(i)
order that an inquiry be held by the Health Committee; or
(ii)
order that an inquiry be held by a Disciplinary Committee.
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(2) Where a Complaints Committee determines that a formal inquiry is necessary, it shall order that the inquiry be held by the Health Committee if the complaint, information or evidence touches upon the physical or mental fitness of the registered dentist or registered oral health therapist to practise.
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(3) Where a Complaints Committee has made an order for a formal inquiry to be held by a Disciplinary Committee, the Council shall immediately appoint a Disciplinary Committee which shall hear and investigate the complaint or matter.
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(4) Where a Complaints Committee has ordered that a letter of advice be issued, the chairman of the Complaints Committee shall issue a letter of advice in such terms as it thinks fit.
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(5) A Complaints Committee shall notify the registered dentist or registered oral health therapist concerned and the person who made the complaint or gave the information under section 34(1) of its decision under subsection (1) and, if it makes an order under subsection (1)(a), the reason for making the order.
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(6) Any registered dentist or registered oral health therapist who is aggrieved by any order of a Complaints Committee under subsection (1)(a) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
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(7) Where the person who has made the complaint or given the information to the Council is dissatisfied with any order of a Complaints Committee under subsection (1)(a), he may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
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(8) The Minister may make —
(a)
an order affirming the determination of a Complaints Committee;
(b)
an order directing the Council to immediately appoint a Disciplinary Committee to hear and investigate the complaint or matter;
(c)
an order directing that an inquiry into the matter be held by the Health Committee; or
(d)
such other order as he thinks fit.
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(9) Every Complaints Committee shall immediately report to the Council its findings and the order or orders made.
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37.
—(1) The President may, from time to time, appoint one or more committees consisting of —
(a)
a chairman from a panel, to be appointed by the Minister, comprising fully registered dentists whose names appear in the first division of the Register of Dentists and who have had not less than 20 years’ experience in the practice of dentistry;
(b)
not less than one member of the Council;
(c)
not less than one member of the Complaints Panel, not being a member of the Council; and
(d)
an observer who is a lay person,
to be known as Disciplinary Committees, to inquire into —
(i)
any complaint or matter in respect of which the Minister or a Complaints Committee has under section 36 ordered that an inquiry be held by a Disciplinary Committee; or
(ii)
any matter referred to it under section 34(3).
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(2) A member of a Complaints Committee inquiring into any matter concerning a registered dentist or registered oral health therapist shall not be a member of a Disciplinary Committee inquiring into the same matter.
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(3) The member of a Disciplinary Committee who is an observer shall not vote on any question or matter to be decided by the Disciplinary Committee and need not be present at every meeting of the Disciplinary Committee.
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(4) A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit.
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(5) The Council may at any time revoke the appointment of any Disciplinary Committee or may remove any member of a Disciplinary Committee or fill any vacancy in a Disciplinary Committee.
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(6) No act done by or under the authority of a Disciplinary Committee shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
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(7) Except as provided by subsection (3) —
(a)
all members of a Disciplinary Committee shall be personally present to constitute a quorum for the transaction of any business; and
(b)
all members of a Disciplinary Committee present at any meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.
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38.
—(1) A Disciplinary Committee shall meet from time to time to inquire into any matter referred to it by the Council and may regulate its own procedure.
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(2) A member of a Disciplinary Committee shall, notwithstanding that he has ceased to be a member of the Council or Complaints Panel on the expiry of his term of office, continue to be a member of the Disciplinary Committee until such time the Disciplinary Committee has completed its work.
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(3) The registered dentist or registered oral health therapist may appear in person or be represented by counsel.
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(4) A Disciplinary Committee shall not be bound to act in any formal manner and shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other written law relating to evidence but may inform itself on any matter in such manner as it thinks fit.
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(5) A Disciplinary Committee may, for the purpose of any proceedings before it, administer oaths and any party to the proceedings may sue out subpoenas to testify and to produce documents.
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(6) The subpoenas referred to in subsection (5) shall be served and may be enforced as if they were subpoenas issued in connection with a civil action in the High Court.
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(7) Any person giving evidence before a Disciplinary Committee shall be legally bound to tell the truth.
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(8) Witnesses shall have the same privileges and immunities in relation to hearings before a Disciplinary Committee as if they were proceedings in a court of law.
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(9) A Disciplinary Committee shall carry out its work expeditiously and may apply to the Council for an extension of time and for directions to be given to the Disciplinary Committee if the Disciplinary Committee fails to make its finding and order within 6 months from the date of its appointment.
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(10) When an application for extension of time has been made under subsection (9), the Council may grant an extension of time for such period as it thinks fit.
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(11) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code (Cap. 224), “public servant” shall be deemed to include a member of a Disciplinary Committee taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code, “judicial proceeding” shall be deemed to include any such investigation.
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39.
—(1) Where, in the course of inquiring into the case of a registered dentist or registered oral health therapist, it appears to a Disciplinary Committee that his fitness to practise may be impaired by reason of his physical or mental condition, the Disciplinary Committee may refer that question to the Health Committee for determination.
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(2) If, on a reference under this section, the Health Committee determines that the fitness of the registered dentist or registered oral health therapist to practise is not impaired by reason of his condition, the Health Committee shall certify its opinion to the Disciplinary Committee.
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(3) If, on a reference under this section, the Health Committee determines that the fitness of the registered dentist or registered oral health therapist to practise is impaired by reason of his condition, the Health Committee shall —
(a)
certify its opinion to the Disciplinary Committee; and
(b)
proceed to dispose of the case,
and the Disciplinary Committee shall cease to exercise its function in relation to the case.
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