Singapore legislation
Section 58
Section 58
Duty, powers and procedures of Appeals Board
(1)
It is the duty of the Appeals Board to hear and decide all appeals under section 59.
(2)
In the discharge of its functions under this Act, the Appeals Board has the following powers:
to take evidence on oath;
to summon any person to attend any hearing of the Appeals Board to give evidence or produce any document or other article in his or her possession, except that no person is bound to answer any question or produce any document or other article in respect of any matter which would have been protected from disclosure on the ground of privilege if the proceedings had been held in any court;
to do anything which is necessary or expedient to enable it to perform its functions;
to exercise the powers of a Disciplinary Committee under this Act.
(3)
The Appeals Board is not bound by the rules of evidence applicable to civil proceedings but may inform itself of any matter as it thinks fit.
(4)
The Chairperson must, when present, preside at every meeting of the Appeals Board, and in his or her absence the following person must preside:
where there is only one Vice‑Chairperson present — the Vice‑Chairperson; and
where there is more than one Vice‑Chairperson present — such Vice‑Chairperson as may be chosen by the Vice‑Chairpersons present.
(5)
All members of the Appeals Board, in the performance of their functions and duties under this Act, are deemed to be public servants for the purposes of the Penal Code 1871.
(6)
Subject to the provisions of this Act, the Appeals Board may regulate its own procedure in such manner as it thinks fit.
(7)
All powers, functions and duties of the Appeals Board may be exercised, discharged and performed by any committee of the Appeals Board consisting of at least 3 members of the Appeals Board, at least one of whom must be the Chairperson or a Vice‑Chairperson.
(8)
Any act, finding or decision of any such committee of the Appeals Board is deemed to be the act, finding or decision of the Appeals Board.
(9)
The secretary to the Appeals Board may summon such members of the Appeals Board as may be nominated by the Chairperson (or a Vice‑Chairperson authorised by the Chairperson) to constitute a committee of the Appeals Board to consider and determine an appeal under this Part.
(10)
The quorum of the Appeals Board and any committee of the Appeals Board is 3 members, one of whom must be the Chairperson or a Vice‑Chairperson.
(11)
The proceedings of a committee of the Appeals Board must be presided by —
where the Chairperson is a member of the committee — the Chairperson; and
where the Chairperson is not a member of the committee and —
there is only one Vice‑Chairperson on the committee — the Vice‑Chairperson; or
there is more than one Vice‑Chairperson on the committee — such Vice‑Chairperson as the Chairperson may determine.
(12)
Where the person to preside at a meeting of a committee under subsection (11) is absent from any meeting of the committee, the meeting must be presided by —
where there is only one Vice‑Chairperson who is a member of the committee present — the Vice‑Chairperson; and
where there is more than one Vice‑Chairperson who is a member of the committee present — such Vice‑Chairperson as may be chosen by the Vice‑Chairpersons present.
(13)
The proceedings of the Appeals Board and any committee of the Appeals Board are not open to the public.
(14)
All matters coming before the Appeals Board or a committee of the Appeals Board must be decided by a majority of votes of the members present, and in the event of an equality of votes, the member presiding has a second or casting vote.
(15)
No act or proceedings of the Appeals Board or a committee of the Appeals Board may be questioned by reason only of any vacancy on it.
(16)
A member of a committee of the Appeals Board, even though he or she has ceased to be a member of the Appeals Board on the expiry of his or her term of office, continues to be a member of the committee until such time as the committee has completed its work.