Allied Health Professions of Brunei Darussalam Act · s 46

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46.
Disciplinary Panel
(1) The Council may appoint one or more Disciplinary Panels, each comprising -
(a) a Chairman who is -
(i) a registered allied health professional who has practised for not less than 15 years in the same allied health profession as that which the registered allied health professional being complained against is registered in;
(ii) a person who has at any time held office as a Judge or
Judicial Commissioner of the Supreme Court; or

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(iii) a person who has had -
(A) an aggregate of not less than 15 years' standing as an advocate and solicitor;
(B) an aggregate of not less than 15 years of full-time employment in the public legal service; or
(C) any combination of standing referred to in sub-subparagraph (A) and employment referred to in sub-subparagraph (B) which in the aggregate is not less than 15 years;
(bj a registered allied health professional from among members of the Complaints Panel, who has practised for not less than 10 years in the same allied health profession as that which the registered allied health professional being complained against is registered in;
(c)
a member who is -
(i) where the Chairman is a registered allied health professional, either -
(A) another registered allied health professional referred to in paragraph (bj; or
(B) a person referred to in paragraph (a)($ or (iii); or
(ii) where the Chairman is a person referred to in paragraph (a)(ii) or (iii), another registered allied health professional referred to in paragraph (21); and
(4 where the Chairman is a registered allied health professional and the member referred to in paragraph (c)(i) is that referred to in sub-subparagraph (A) of that paragraph, one observer from among members of the Complaints Panel who is a lay person, to inquire into any matter in respect of which a Complaints Committee has under section 45(2)(bj ordered that a formal inquiry be held. any matter which it is directed to hear and investigate under section 45(13)(c)(i), or any matter referred to the Disciplinary Panel under section 35(4).

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(2) Notwithstanding subsection (I), if in the Council's opinion, it is inexpedient, difficult or impracticable to make an appointment under subsection (l)(u)(i), (b) or (c)(i)(A) or (ii) because of the requirement that the appointee must have practised for not less than 15 or 10 years (as the case may be) in the same allied health profession as that which the registered allied health professional being complained against is registered in, the
Council may appoint a registered allied health professional who has a practised in that profession for less than those number of years.
the the
(3) Notwithstanding subsection (l), if. in the Council's opinion, due to nature of the issues likely to be raised at the inquiry, it is unnecessary for
Chairman under subsection (l)(a)(i) or a member under subsection (I)@)
or (c)(i)(A) or (ii) to have practised in the same allied health profession as that which the registered allied health professional being complained against is registered in, the Council may appoint -
(a) a registered allied health professional from another allied health profession; or
(b) a person permitted under any other written law to practise any other healthcare profession in Brunei Darussalam, who has practised that other profession for any number of years, as the
Chairman or member.
(4) A member of a Complaints Committee inquiring into any matter concerning a registered allied health professional shall not be a member of a
Disciplinary Panel inquiring into the same matter,
(5) The observer appointed under subsection (l)(d) shall not vote on any question or matter to be decided by the Disciplinary Panel and need not be present at every meeting of the Disciplinary Panel.
(6) A Disciplinary Panel may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit.
(7) The Council may at any time revoke the appointment of a
Disciplinary Panel. remove any member of a Disciplinary Panel or fill any a vacancy in Disciplinary panel.
(8) Without affecting the generality of subsection (7), where, after a
Disciplinary Panel has commenced the hearing and investigation of a matter,

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Brunei Darussalam any member of the Disciplinary Panel is unable through death, illness or any other cause to continue with the hearing and investigation of the matter, the
Council may fill the vacancy or appoint another Disciplinary Panel to continue the hearing and investigation of the matter.
(9) The Disciplinary Panel so reconstituted or appointed under subsection (8) -
(a) may. with the consent of the Council and the registered allied health professional being complained against and who is represented a by counsel, continue with the hearing as if the Disciplinary Panel had not been reconstituted or appointed, and when so hearing the
Disciplinary Panel shall have regard to the evidence given, the arguments adduced and any orders made during the proceedings before the previous Disciplinary Panel; and
(b) shall, in any other case, hear and investigate the matter afresh.
(10) The production of any written instrument purporting to be signed by the Council and making an appointment, revocation or removal referred to in this section shall be evidence that such appointment, revocation or removal has been duly made.
(1 1) No act done by or under the authority of a Disciplinary Panel shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(12) Subject to subsection ( 9 ,  all members of a Disciplinary Panel shall be personally present at any meeting thereof to constitute a quorum for the transaction of any business.
(13) Subject to subsection (5), all members of a Disciplinary Panel 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 -
(a) where the Chairman is a registered allied health professional.
the Chairman shall have a casting vote; or
(b) where the
Chairman is a person referred to in subsection (l)(a)(ii) or (iii), the question shall be resolved in favour of the registered allied health professional concerned.

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s 46Disciplinary Panel

(1)

The Council may appoint one or more Disciplinary Panels, each comprising -

(a)

a Chairman who is -

(i)

a registered allied health professional who has practised for not less than 15 years in the same allied health profession as that which the registered allied health professional being complained against is registered in;

(ii)

a person who has at any time held office as a Judge or

Judicial Commissioner of the Supreme Court; or

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Brunei Darussalam

(iii)

a person who has had -

(A)

an aggregate of not less than 15 years' standing as an advocate and solicitor;

(B)

an aggregate of not less than 15 years of full-time employment in the public legal service; or

(C)

any combination of standing referred to in sub-subparagraph (A) and employment referred to in sub-subparagraph (B) which in the aggregate is not less than 15 years;

(bj a registered allied health professional from among members of the Complaints Panel, who has practised for not less than 10 years in the same allied health profession as that which the registered allied health professional being complained against is registered in;

(c)

a member who is -

(i)

where the Chairman is a registered allied health professional, either -

(A)

another registered allied health professional referred to in paragraph (bj; or

(B)

a person referred to in paragraph (a)($ or (iii); or

(ii)

where the Chairman is a person referred to in paragraph (a)(ii) or (iii), another registered allied health professional referred to in paragraph (21); and

(4 where the Chairman is a registered allied health professional and the member referred to in paragraph (c)(i) is that referred to in sub-subparagraph (A) of that paragraph, one observer from among members of the Complaints Panel who is a lay person, to inquire into any matter in respect of which a Complaints Committee has under section 45(2)(bj ordered that a formal inquiry be held. any matter which it is directed to hear and investigate under section 45(13)(c)(i), or any matter referred to the Disciplinary Panel under section 35(4).

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(2)

Notwithstanding subsection (I), if in the Council's opinion, it is inexpedient, difficult or impracticable to make an appointment under subsection (l)(u)(i), (b) or (c)(i)(A) or (ii) because of the requirement that the appointee must have practised for not less than 15 or 10 years (as the case may be) in the same allied health profession as that which the registered allied health professional being complained against is registered in, the

Council may appoint a registered allied health professional who has a practised in that profession for less than those number of years.

the the

(3)

Notwithstanding subsection (l), if. in the Council's opinion, due to nature of the issues likely to be raised at the inquiry, it is unnecessary for

Chairman under subsection (l)(a)(i) or a member under subsection (I)@)

or (c)(i)(A) or (ii) to have practised in the same allied health profession as that which the registered allied health professional being complained against is registered in, the Council may appoint -

(a)

a registered allied health professional from another allied health profession; or

(b)

a person permitted under any other written law to practise any other healthcare profession in Brunei Darussalam, who has practised that other profession for any number of years, as the

Chairman or member.

(4)

A member of a Complaints Committee inquiring into any matter concerning a registered allied health professional shall not be a member of a

Disciplinary Panel inquiring into the same matter,

(5)

The observer appointed under subsection (l)(d) shall not vote on any question or matter to be decided by the Disciplinary Panel and need not be present at every meeting of the Disciplinary Panel.

(6)

A Disciplinary Panel may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit.

(7)

The Council may at any time revoke the appointment of a

Disciplinary Panel. remove any member of a Disciplinary Panel or fill any a vacancy in Disciplinary panel.

(8)

Without affecting the generality of subsection (7), where, after a

Disciplinary Panel has commenced the hearing and investigation of a matter,

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Brunei Darussalam any member of the Disciplinary Panel is unable through death, illness or any other cause to continue with the hearing and investigation of the matter, the

Council may fill the vacancy or appoint another Disciplinary Panel to continue the hearing and investigation of the matter.

(9)

The Disciplinary Panel so reconstituted or appointed under subsection (8) -

(a)

may. with the consent of the Council and the registered allied health professional being complained against and who is represented a by counsel, continue with the hearing as if the Disciplinary Panel had not been reconstituted or appointed, and when so hearing the

Disciplinary Panel shall have regard to the evidence given, the arguments adduced and any orders made during the proceedings before the previous Disciplinary Panel; and

(b)

shall, in any other case, hear and investigate the matter afresh.

(10)

The production of any written instrument purporting to be signed by the Council and making an appointment, revocation or removal referred to in this section shall be evidence that such appointment, revocation or removal has been duly made.

(1 1) No act done by or under the authority of a Disciplinary Panel shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.

(12)

Subject to subsection ( 9 , all members of a Disciplinary Panel shall be personally present at any meeting thereof to constitute a quorum for the transaction of any business.

(13)

Subject to subsection (5), all members of a Disciplinary Panel 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 -

(a)

where the Chairman is a registered allied health professional.

the Chairman shall have a casting vote; or

(b)

where the

Chairman is a person referred to in subsection (l)(a)(ii) or (iii), the question shall be resolved in favour of the registered allied health professional concerned.

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