On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 01/10/1999.
33.
—(1) Any —
(a)
complaint made or information given to the Council of the conduct of a registered dentist in his professional capacity or of his improper act or conduct which brings disrepute to his profession;
(b)
information given to the Council on the conviction of a registered dentist of any offence involving fraud or dishonesty, or implying a defect in character which makes him unfit for his profession; or
(c)
information given to the Council touching upon the physical or mental fitness of a registered dentist to practise dentistry,
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.
(2) The Council shall refer any complaint or information referred to in subsection (1), other than a complaint or information touching upon any matter set out in section 21(1)(a) to (e), to a Complaints Committee.
(3) Where a registered dentist has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, the Council shall, notwithstanding subsection (2), forthwith refer the matter to a Disciplinary Committee.
34.
—(1) For the purpose of enabling Complaints Committees to be appointed in accordance with section 35, the Council shall appoint a panel (referred to in this Act as the Complaints Panel) consisting of —
(a)
not less than 10 and not more than 20 registered dentists of at least 10 years’ standing who are not members of the Council; and
(b)
not less than 5 and not more than 10 lay persons.
(2) A member of the Complaints Panel shall be appointed for a term of 2 years and shall be eligible for reappointment.
(3) The Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership.
35.
—(1) The President of the Council may from time to time appoint one or more committees comprising —
(a)
a chairman who is a member of the Council;
(b)
2 members of the Complaints Panel who are registered dentists; and
(c)
a member of the Complaints Panel who is a lay person,
to be known as Complaints Committees, to inquire into any complaint or information referred to the Committees by the Council under section 33.
(2) A Complaints Committee shall be appointed in connection with one or more matters or for a fixed period of time, as the President of the Council may think fit.
(3) The President of the Council may at any time remove the chairman or any member of a Complaints Committee or fill any vacancy in a Complaints Committee.
(4) 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 chairman or members or any of them.
(5) The chairman of a Complaints Committee shall, notwithstanding that he has ceased to be a member of the Council on the expiry of his term of office, continue to be the chairman of the Complaints Committee until such time as the Complaints Committee has completed its work.
(6) 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, continue to be a member of the Complaints Committee until such time as the Complaints Committee has completed its work.
36.
—(1) A Complaints Committee may meet from time to time for the purposes of its inquiry and may regulate its own procedure.
(2) The chairman of a Complaints Committee may at any time summon a meeting of the Complaints Committee.
(3) The chairman and all the members of a Complaints Committee shall be present to constitute a quorum for a meeting of the Complaints Committee.
(4) Any resolution or decision in writing signed by the chairman and 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 the chairman and all its members were present.
(5) Any question arising at a meeting of the Complaints Committee shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.
(6) Where a Complaints Committee is of the opinion that a registered dentist should be called upon to answer any allegation made against him, the Complaints Committee shall serve on the registered dentist —
(a)
copies of any complaint or information and any statutory declaration or affidavit that have been made in support of the complaint or information; and
(b)
a notice inviting the registered dentist, within such period (not being less than 21 days) as may be specified in the notice, to give to the Complaints Committee any written explanation he may wish to offer.
(7) The registered dentist 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.
(8) A Complaints Committee shall inquire into the complaint or information and complete its inquiry not later than 3 months from the date the complaint or information is laid before it.
(9) Where a Complaints Committee is of the opinion that it will not be able to complete its inquiry within the period specified in subsection (8) due to the complexity of the matter or serious difficulties encountered by the Committee in conducting its inquiry, the Committee may apply in writing to the President of the Council for an extension of time to complete its inquiry and the President may grant such extension of time to the Committee as he thinks fit.
(10) All information, including such book, document, paper or other records used by a Complaints Committee in the course of its deliberations, shall be confidential and shall not be disclosed to any person including the registered dentist unless the Complaints Committee in its discretion decides otherwise.
37.
—(1) For the purposes of any inquiry, a Complaints Committee may —
(a)
call upon or appoint any person the Committee considers necessary to assist it in its inquiry;
(b)
require any person to produce 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 any person to attend at a specified time and place and give evidence or produce any such book, document, paper or record.
(2) Any person who, without lawful excuse, refuses or fails to comply with any requirement of the Complaints Committee under subsection (1) 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 6 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.
(3) A Complaints Committee may seek such legal advice as it thinks necessary at any time before it makes its findings.
38. Upon due inquiry into the complaint or matter, a Complaints Committee shall report its findings to the Council and recommend to the Council to do any of the following:
(a)
order that the registered dentist be issued with a letter of advice;
(b)
order that the registered dentist be warned;
(c)
order that the complaint or matter be dismissed;
(d)
order that an inquiry be held by the Health Committee;
(e)
order that an inquiry be held by a Disciplinary Committee;
(f)
make such other order as the Complaints Committee considers appropriate.
39.
—(1) Upon receipt of the findings and recommendation of a Complaints Committee, the Council may either —
(a)
accept the recommendation and make the recommended order;
(b)
refer the matter back to the Complaints Committee for further inquiry; or
(c)
make such other order as the Council thinks fit.
(2) The Council shall notify the registered dentist concerned and the person who made the complaint or gave the information, if any, of its decision.
(3) A registered dentist who is aggrieved by any order of the Council, being an order referred to in subsection (1)(c) or section 38(a), (b) or (f), may, within 30 days of being notified of the determination of the Council, appeal to the Minister whose decision shall be final.
(4) Where the person who made the complaint or gave the information to the Council is dissatisfied with any order of the Council, being an order referred to in subsection (1)(c) or section 38(a), (b), (c) or (f), he may, within 30 days of being notified of the determination of the Council, appeal to the Minister whose decision shall be final.
(5) The Minister may make —
(a)
an order affirming the decision of the Council;
(b)
an order directing an inquiry to be held by a Disciplinary Committee or by the Health Committee; or
(c)
such other order as he thinks fit.