Singapore legislation

Section 63

of Children and Young Persons Act 1993

Section 63

Application for licence

Amended by3/201130/20193/20113/201130/20193/201130/20193/201130/20193/201130/20193/201130/2019

(1)

An application for the issuance or renewal of a licence must be made to the Director‑General in such form as may be prescribed.

Amended by3/201130/2019

(2)

A licensee who wishes to renew his, her or its licence must make an application for the renewal of his, her or its licence at least 6 months before the licence expires.

Amended by3/2011

(3)

On receipt of an application, the Director‑General may, in his or her discretion —

(a)

issue or renew a licence subject to such terms and conditions as the Director‑General thinks fit to impose; or

(b)

refuse to issue or renew the licence.

Amended by3/201130/2019

(4)

The Director‑General may refuse to issue or renew a licence if —

(a)

the Director‑General is not satisfied that —

(i)

the applicant is a fit or proper person to hold or continue to hold a licence in respect of a home for children and young persons; or

(ii)

where the applicant is a body corporate, any member of the board of directors, the committee, board of trustees or other governing body of the body corporate is a fit and proper person;

(b)

the premises are unfit to be used as a home for children and young persons by reason of the situation, construction, accommodation, staffing, cleanliness or equipment or any other condition of the premises of the proposed home;

(c)

the premises to be used as a home for children and young persons do not comply with the prescribed requirements;

(d)

the home for children and young persons would not be under the continuous personal management and supervision of a person of sufficient qualifications and experience to ensure the satisfactory operation of the home; or

(e)

it is not in the public interest to issue or renew the licence.

Amended by3/201130/2019

(5)

In deciding for the purposes of this section whether a person is a fit and proper person, the Director‑General may consider any of the following matters as indicating that the person may not be a fit and proper person:

(a)

that the person associates with a criminal in a way that indicates involvement in an unlawful activity;

(b)

that in dealings in which the person has been involved, the person or officer —

(i)

has shown dishonesty or lack of integrity; or

(ii)

has used harassing tactics;

(c)

that the person is or was suffering from a mental disorder; or

(d)

that the person is an undischarged bankrupt or has entered into a composition with the person’s debtors.

Amended by3/201130/2019

(6)

Subsection (5) is not to be construed so as to limit the circumstances in which a person or an officer of a business entity may be considered by the Director‑General not to be a fit and proper person.

Amended by3/201130/2019

(7)

Where the Director‑General refuses to issue a licence, he or she must state in writing the reasons for his or her refusal.[52B

Amended by3/201130/2019