Allied Health Professions Act, 1982 (Act No. 63 of 1982)Chapter 3 : Disciplinary Powers of the Council23. Inquiry into alleged misconduct |
| (1) | The council may, in respect of a practitioner registered in any allied health profession in terms of this Act, institute an inquiry into any written complaint, charge or allegation of unprofessional conduct against such practitioner. |
[Section 23(1) substituted by section 23(a) of Act No. 50 of 2000]
| (1A) | The council may refer allegations of conduct referred to in subsection (1) to the relevant professional board and delegate to such board the power to investigate such complaint and to hold an inquiry in the prescribed manner. |
[Section 23(1A) inserted by section 23(a) of Act No. 50 of 2000]
| (1B) | When requested to hold an inquiry, the professional board in question must seek information from any person, including the practitioner against whom the complaint, charge or allegation was lodged and must investigate the matter fully before holding an inquiry. |
[Section 23(1B) inserted by section 23(a) of Act No. 50 of 2000]
| (1C) | The council or the professional board may, on finding the practitioner concerned guilty of such conduct, in the case of the council, impose any of the penalties referred to in section 24(1) or, in the case of a professional board, recommend the imposition of any such penalty in terms of subsection (3): Provided that in the case of a complaint, charge or allegation which forms or is likely to form the subject of criminal proceedings, the council or the professional board concerned, as the case may be, may postpone the holding of an inquiry until those proceedings have been disposed of. |
[Section 23(1C) inserted by section 23(a) of Act No. 50 of 2000]
| (2) | Whenever the council or a professional board, as the case may be, is in doubt as to whether an inquiry shall be held, it may in connection with the complaint, charge or allegation in question consult with or seek information from any person, including the practitioner against whom the complaint, charge or allegation has been lodged. |
| (3) | If a professional board holding an inquiry under this section, finds the person charged guilty of unprofessional conduct or of conduct which in consideration of the profession in respect of which that person is registered, is unprofessional, it shall note its finding and inform such person thereof, and shall at the same time inform such person of the penalty the imposition of which it intends to recommend to the council, and it shall before the next ensuing meeting of the council submit to the council the minutes of the proceedings at the inquiry together with the recommendation concerning a proper penalty. |
[Section 23(1A) inserted by section 23(b) of Act No. 50 of 2000]
| (4) | Any person found guilty in terms of subsection (3), may at any time before the next ensuing meeting of the council, submit to the council written representations in regard to the finding made by the professional board and the penalty recommended by it. |
| (5) | If the council, after having considered the minutes kept by the professional board, and the representations referred to in subsection (4), is of the opinion— |
| (a) | that the finding should not be upheld, it shall set such finding aside, and inform the person and the professional board concerned thereof; or |
| (b) | that the finding is correct, it may impose upon the person concerned any penalty referred to in section 24. |
| (6) | The provisions of sections 24(2) up to and including (8) and 25 shall mutatis mutandis apply in respect of any inquiry conducted by any professional board referred to in subsection (1), and for the purposes of the said provisions any reference in section 24– |
| (a) | to the chairperson of the council shall be deemed to be a reference to the chairperson of such professional board; |
| (b) | to the prescribed form of a summons shall be deemed to be a summons as prescribed for use by a professional board. |