Section 43
Confidentiality of information
of Allied Health Professions of Brunei Darussalam Act
(1)
A person to whom this section applies shall not be compellable in any proceedings to give evidence in respect of, or to produce any document containing any information which has been obtained in the course of a performance or fitness assessment except in the case of the following -
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(a)
an inquiry by a Complaints Committee, Disciplinary Panel and Health Committee; or
(b)
a prosecution for a criminal offence.
(2)
A person to whom this section applies shall not disclose any information contained in any document as may have come to his knowledge in the course of a performance or fitness assessment unless the disclosure is made -
(a)
under or for the purpose of administering and enforcing this
Act or the Infectious Diseases Act (Chapter 204); or
(b)
for any other purpose with the consent of the person to whom the information relates.
(3)
This section applies to -
(a)
a member of a Performance Assessment Panel or Fitness
Assessment Panel;
(b)
the investigator referred to in section 38(4)(c) or 40(6)(b)(i);
(c)
a member of a Complaints Committee, Disciplinary Panel and
Health Committee; and
(d)
a member, an officer or an agent of the Council.
Chupter I
Powers after investigation
Investigation report and deliberation by Complaints Committee 44.
(1)
Upon completing an investigation into any complaint or information, the investigator shall submit a report on the findings of the investigation to the Complaints Committee for its deliberation.
(2)
The report referred to in subsection (1) shall include -
(a)
any written explanation given by the registered allied health professional after receiving a notice under section 40(1);
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(b)
any assessment report made under Chapter 3, if a performance or fitness assessment was undertaken; and
(c)
any recommendation on the necessity or otherwise of a formal inquiry by a Disciplinary Panel or Health Committee.
(3)
No person shall disclose the contents of the investigation report or any information contained in any document which was obtained in the course of an investigation or inquiry commenced under this Part to any other person, including the registered allied health professional, except where -
(a)
the Complaints Committee in its absolute discretion thinks otherwise; or
(b)
such disclosure is required for the purpose of administering and enforcing this Act or the Infectious Diseases Act (Chapter 204).
(4)
The Complaints Committee may, in the course of its deliberations and before it reaches a decision, seek such legal advice as it thinks necessary.
(5)
The registered allied health professional concerned does 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.
Findings of Complaints Committee 45.
(1)
After deliberation of the investigation report and any recommendation of an investigator made under section 44, and upon due inquiry into the complaint or information (including any information or evidence referred to in section 40(5)), a Complaints Committee shall, if it is of the view that no formal inquiry by a Disciplinary Panel or Health
Committee is necessary, do one or more of the following things -
(a)
issue a letter of advice to the registered allied health professional;
(b)
issue a letter of warning to the registered allied health professional;
(c)
order that the registered allied health professional seek and undergo medical or psychiatric treatment or counselling;
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(d)
order that the registered allied health professional undertake and complete specified further education or training within a specified period;
(e)
order that the registered allied health professional report on the status of the fitness of his physical or mental condition or on the status of his practice at such times, in such manner and to such persons as may be specified by the Complaints Committee;
03 order that the registered allied health professional seek and take advice, in relation to the management of his practice, from such persons as may be specified by the Complaints Committee;
(g)
by agreement with the registered allied health professional -
(i)
order the Registrar to remove the name of the registered allied health professional from the appropriate register;
(ii)
suspend the registration of the registered allied health professional from the appropriate register for a period of not exceeding 12 months;
(iii)
where the registered allied health professional is an allied health professional with full registration, order the
Registrar to remove his name from the Register of Allied
Health Professionals with Full Registration and register him as an allied health professional with restricted or conditional registration in the allied health profession in which he is registered and with conditions, and section 13(2) and (3) or section 14(4) to (9), as the case may be, apply accordingly;
(iv)
where the registered allied health professional is registered in any register other than the Register of Allied
Health Professionals with Full Registration, impose conditions on his registration;
(v)
order that his practising certificate be suspended or cancelled;
(h)
refer the matter for mediation between the registered allied health professional and the complainant;
(i)
order that the complaint or matter be dismissed; or
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0) make such other order as it thinks fit.
(2)
Where a Complaints Committee determines that a formal inquiry is necessary, it shall order that -
(a)
an inquiry be held by a Health Committee if the complaint, information or evidence touches on the physical or mental fitness of the a registered allied health professional to practise; or
(b)
an inquiry be held by a Disciplinary Panel.
(3)
Where a Complaints Committee has made an order under subsection (2) or (6) for a formal inquiry to be held by a Disciplinary Panel or Health Committee, the Council shall immediately appoint a Disciplinary
Panel or Health Committee, as the case may be, which shall hear and investigate the complaint or matter.
(4)
Where a Complaints Committee has decided to issue a letter of advice, the Chairman of the Complaints Committee shall issue a letter of advice in such terms as it thinks fit.
(5)
Where a Complaints Committee has referred the matter for mediation, section 43 shall apply with the necessary modifications and references in section 39(4) and (5) to section 38(4)(b)(i) or (c) shall be read as references to section 45(1) or (2), respectively.
(6)
Where the registered allied health professional in respect of whom an order is made under subsection (l)(c), (d), (e) or (f3 is found by a
Complaints Committee (whether it is the Complaints Committee that made the order or another Complaints Committee appointed in its place) to have failed to comply with any of the requirements imposed on him, the
Complaints Committee may, if it thinks fit, order that a formal inquiry be held by a Disciplinary Panel or Health Committee, as the case may be, in respect of the complaint, information or evidence.
(7)
Where, in the course of an inquiry, a Complaints Committee receives information relating to, or evidence of, the conduct of the registered allied health professional concerned which discloses an offence under any written law, the Complaints Committee shall record the information and report it to the Council.
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(8)
Where the complainant withdraws his complaint before -
(a)
it is referred to a Complaints Committee, Disciplinary Panel or Health Committee under this section; or
(b)
the conclusion of the inquiry by a Complaints Committee,
Disciplinary Panel or Health Committee, the Council may, notwithstanding such withdrawal, refer the complaint to the
Complaints Panel or direct a Complaints Committee, Disciplinary Panel or a
Health Committee to continue the inquiry, as the case may be, and the
Chairman of the Complaints Panel, or the Chairman of a Complaints
Committee, Disciplinary Panel or Health Committee, as the case may be, shall comply with such direction as if the complaint had been made by the
Council.
(9)
A Complaints Committee shall notify the registered allied health professional concerned and the person who made the complaint or referred the information under section 35(1) of its decision under subsection (1) or (2)
and. if it makes an order under subsection (I), the reason for making the order.
(10)
A registered allied health professional who is aggrieved by any order of a Complaints Committee under subsection (1) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
(1 1) Where the person who has made the complaint or who has referred the information to the Council is dissatisfied with any order of a Complaints
Committee under subsection (I), he may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
(12)
If the Council is dissatisfied with any order of a Complaints
Committee under subsection (1) in a case where a complaint is made on any matter or information referred to the Chairman of the Complaints Panel under subsection (8) or section 33(4). 35(3)(a) or 40(6)(b), the Council may, within 30 days after being notified of the determination of the Complaints
Committee, appeal to the Minister whose decision shall be final.
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(1 3) The Minister may, after considering the appeal, make all or any of the following orders -
(a)
an order affirming the determination of a Complaints
Committee;
(b)
an order directing a Complaints Committee to immediately appoint one or more investigators for the purposes of carrying out an investigation under section 3 8(4)(c);
(c)
an order directing the Council to -
(i)
immediately appoint a Disciplinary Panel to hear and investigate the complaint or matter; or
(ii)
order that an inquiry into such matter be held by a Health
Committee;
(d)
such other order as he thinks fit.
(14)
Every Complaints Committee shall immediately report to the
Council its findings and the orders made.