Singapore legislation
Section 9
Section 9
Power to obtain and communicate information
(1)
The Director‑General or a protector may exercise the powers conferred by subsection (2) for any of the following purposes:
the Director‑General or protector has reasonable grounds to believe that a relevant offence has been, is being or will be committed against a child or young person, and the Director‑General or protector has reason to believe that a particular person can provide any information regarding the commission of the relevant offence;
the Director‑General or protector has reasonable grounds to believe that a child or young person is in need of care or protection, and the Director‑General or protector has reason to believe that a particular person can provide any information which will assist him or her in ascertaining —
whether the child or young person is in need of care or protection; and
the nature of care or protection that the child or young person needs;
where a child or young person (A) is the subject of a voluntary care agreement or an order made under section 54(1) or 56(2), section 57 (read with section 56) or section 59(4), and the Director‑General or protector has reason to believe that a particular person can provide any information —
relating to the suitability of the fit person to whom, or the place of safety or place of temporary care and protection to which, A is committed;
relating to the standard of care, protection and supervision that A or any other child or young person who is a member of A’s household, is receiving;
that will assist the Director‑General or protector in formulating a proper care plan to cater to A’s safety and sense of wellbeing; or
that will assist the Director‑General or protector in exercising any power or carrying out any duty under the Act with respect to A or any other child or young person who is a member of A’s household;
where upon the termination of a voluntary care agreement or an order made under section 54(1) or 56(2), section 57 (read with section 56) or section 59(4) for a child or young person (B), B is returned to the care and custody of B’s parent or guardian, and the Director‑General or protector has reason to believe that a particular person can provide any information relating to the welfare and safety of B or any other child or young person who is a member of B’s household.
(2)
The Director‑General or protector may, by written order —
require the particular person mentioned in subsection (1)(a), (b), (c) or (d) to provide to the Director‑General or protector the information within the time and manner specified in the order; or
require a person given the order to appear before and provide to the Director‑General or protector the information within the time and manner specified in the order.
(3)
The Director‑General or a protector may communicate any information about a child or young person (whether or not obtained under this section) including a photograph of the child or young person, to any of the following person or persons for a relevant purpose:
another protector or any other person assisting the Director‑General or protector in the administration of this Act in respect of the child or young person;
any other person or class of persons as may be prescribed.
(4)
No liability shall lie personally against a person for providing any information under subsection (2), or communicating any information under subsection (3).
(5)
An individual cannot rely on —
the common law privilege against self‑incrimination or exposure to the imposition of a penalty; or
any rule of law relating to legal professional privilege or any other privilege, or the public interest,to refuse to provide the information required under subsection (2) by the Director‑General or protector, as the case may be.
(6)
However, any information is not admissible in evidence against the individual in any criminal proceeding other than a proceeding for an offence under section 26(b) or section 177 of the Penal Code 1871, if the information might in fact tend to incriminate the individual.
(7)
In this section, “relevant purpose” means either of the following:
a purpose mentioned in subsection (1)(a), (b), (c) or (d);
for a child or young person who is the subject of —
a voluntary care agreement;
an order made under section 54(1)(b) read with section 55;
an order made under section 56(2) read with section 58; or
an order made under section 57 read with sections 56 and 58,to enable the Director‑General, a protector or a care‑giver of the child or young person to make a decision on a matter relating to the child or young person and to give effect to such decision.[8