Allied Health Professions of Brunei Darussalam Act · s 40

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40.
Conduct of investigation
(1) An investigator directed under section 38(4)(c) to investigate any complaint or information shall, if he is of the opinion that the registered allied health professional should be called upon to answer any allegation made against him, give notice in writing of the complaint or information to him.
(2) A notice under subsection (1) shall -
(a) include 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) invite the registered allied health professional, within such period (not being less than 21 days from the date of the notice) as may

Allied Health Professions of 42

Brunei Darussalam be specified in the notice. to give to the investigator any written explanation he may wish to offer.
(3) In the course of investigations, the Complaints Committee may authorise the investigator in writing to -
(a) in the case of a complaint mentioned in section 35(l)(c), obtain the consent of the registered allied health professional to undergo a performance assessment in accordance with the provisions of Chapter 3; and a
(b) in the case of information mentioned in section 35(l)(d), obtain the consent of the registered allied health professional to submit to a fitness assessment in accordance with the provisions of Chapter 3, and the registered allied health professional shall respond within such reasonable time as the investigator may, in the notice. specify.
(4) If the registered allied health professional -
{a) declines to undergo a performance or fitness assessment requested under subsection (3):
(b) having agreed to undergo such an assessment, subsequently fails to participate in the assessment or refuses to cooperate with the assessors; or
(c) does not respond to the notice within the time specified in subsection (3), the investigator shall make a report to the Complaints Committee under section 44 and the Complaints Committee may proceed with the inquiry and make such order as it deems fit under section 45(1) or (2).
(5) Where in the course of an investigation, an investigator receives information relating to, or obtains evidence of, the conduct, physical or mental fitness, or professional performance of -
(a) the register allied health professional concerned, which is outside the subject matter of the complaint or information referred to the investigator; or

Allied Health Professions of
Brunei Darussalam
CAP. 221 43
(b) a registered allied health professional other than the registered allied health professional concerned, which may give rise to proceedings under this Part, the investigator shall submit a report of this to the Complaints Committee under section 44.
(6) On receiving a report under subsection (5). the Complaints
Committee shall -
(a) if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance, make an order under section 45(1)(1); or
(b) if it believes there is evidence of any of the matters referred to in section 35(1) -
(i) direct one or more investigators to carry out an investigation and submit a report to it under section 44;
or
(ii) refer the matter to the Chairman of the Complaints Panel and the Chairman shall act in accordance with section 37
by referring the complaint or information to a Health
Committee or laying it before a different Complaints
Committee, as the case may be.

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s 40Conduct of investigation

(1)

An investigator directed under section 38(4)(c) to investigate any complaint or information shall, if he is of the opinion that the registered allied health professional should be called upon to answer any allegation made against him, give notice in writing of the complaint or information to him.

(2)

A notice under subsection (1) shall -

(a)

include 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)

invite the registered allied health professional, within such period (not being less than 21 days from the date of the notice) as may

Allied Health Professions of 42

Brunei Darussalam be specified in the notice. to give to the investigator any written explanation he may wish to offer.

(3)

In the course of investigations, the Complaints Committee may authorise the investigator in writing to -

(a)

in the case of a complaint mentioned in section 35(l)(c), obtain the consent of the registered allied health professional to undergo a performance assessment in accordance with the provisions of Chapter 3; and a

(b)

in the case of information mentioned in section 35(l)(d), obtain the consent of the registered allied health professional to submit to a fitness assessment in accordance with the provisions of Chapter 3, and the registered allied health professional shall respond within such reasonable time as the investigator may, in the notice. specify.

(4)

If the registered allied health professional -

{a) declines to undergo a performance or fitness assessment requested under subsection (3):

(b)

having agreed to undergo such an assessment, subsequently fails to participate in the assessment or refuses to cooperate with the assessors; or

(c)

does not respond to the notice within the time specified in subsection (3), the investigator shall make a report to the Complaints Committee under section 44 and the Complaints Committee may proceed with the inquiry and make such order as it deems fit under section 45(1) or (2).

(5)

Where in the course of an investigation, an investigator receives information relating to, or obtains evidence of, the conduct, physical or mental fitness, or professional performance of -

(a)

the register allied health professional concerned, which is outside the subject matter of the complaint or information referred to the investigator; or

Allied Health Professions of

Brunei Darussalam

CAP. 221 43

(b)

a registered allied health professional other than the registered allied health professional concerned, which may give rise to proceedings under this Part, the investigator shall submit a report of this to the Complaints Committee under section 44.

(6)

On receiving a report under subsection (5). the Complaints

Committee shall -

(a)

if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance, make an order under section 45(1)(1); or

(b)

if it believes there is evidence of any of the matters referred to in section 35(1) -

(i)

direct one or more investigators to carry out an investigation and submit a report to it under section 44;

(ii)

refer the matter to the Chairman of the Complaints Panel and the Chairman shall act in accordance with section 37

by referring the complaint or information to a Health

Committee or laying it before a different Complaints

Committee, as the case may be.