Section 49
Findings of Disciplinary Panel
of Allied Health Professions of Brunei Darussalam Act
(1)
Where a registered allied health professional is found by a
Disciplinary Panel -
(a)
to have been convicted in Brunei Darussalam or elsewhere of any offence involving fraud or dishonesty;
(b)
to have been convicted in Brunei Darussalam or elsewhere of any offence implying a defect in character which makes him unfit for his profession;
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(c)
to have been guilty of such improper act or conduct which, in the opinion of the Disciplinary Panel, brings disrepute to his profession;
(d)
to have been guilty of professional misconduct; or
(e)
to have failed to provide professional services of the quality which is reasonable to expect of him, the Disciplinary Panel may exercise one or more of the powers referred to in subsection (2).
(2)
For the purposes of subsection (I), the Disciplinary Panel may -
(a)
by order direct the Registrar to remove the name of the registered allied health professional from the appropriate register;
(b)
by order suspend the registration of the registered allied health professional in the appropriate register for a period of not less than 3
months and not more than 3 years;
(c)
where the registered allied health professional is an allied health professional with full registration, by order direct 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;
(d)
where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with
Full Registration, by order impose conditions on his registration;
(e)
by order impose on the registered allied health professional a penalty not exceeding $50,000;
03 by writing censure the registered allied health professional;
(g)
by order require the registered allied health professional to give such undertaking as the Disciplinary Panel thinks fit to abstain in future from the conduct complained of; or
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(h)
make such other order as the Disciplinary Panel thinks fit, including any order that a Complaints Committee may make under section 45(1).
(3)
In any proceedings instituted under this Part against a registered allied health professional consequent upon his conviction for a criminal offence, a Disciplinary Panel shall accept his conviction as final and conclusive.
(4)
Where a registered allied health professional is not found by a
Disciplinary Panel to have been convicted or guilty of any matter referred to in subsection (I), the Disciplinary Panel shall dismiss the complaint or matter.
(5)
A Disciplinary Panel may under subsection (2) order the registered allied health professional concerned to pay to the Council such sums as it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Panel.
(6)
The Disciplinary Panel in ordering that costs be paid by the registered allied health professional under this section may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the
Disciplinary Panel shall have the same effect as if it were a certification by a
Judge in a civil action in the High Court.
(7)
The costs and expenses referred to in subsection (5) shall include -
(a)
the costs and expenses of any assessor and advocate and solicitor appointed by the Council for proceedings before the
Disciplinary Panel;
(b)
such reasonable expenses as the Council may pay to witnesses: and
(c)
such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Panel.
(8)
The penalty under subsection (2)(e) shall be recoverable as a debt due to the Government.
a
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