Singapore legislation

Section 11

of Public Sector (Governance) Act 2018

Section 11

Limit to effect of directions

(1)

A direction under section 4 or 5 must not be inconsistent with this Act or any other written law.

(2)

A direction under section 4 or 5 is not binding on a Singapore public sector agency to the extent (if any) to which it would impede or affect the performance of —

(a)

a statutorily independent function of the Singapore public sector agency; or

(b)

a quasi-judicial function of the Singapore public sector agency or any of its officers in relation to a particular matter.

(3)

This Part does not authorise any Minister to direct a Singapore public sector agency, or any member or officer of a public body, or any public officer, requiring —

(a)

the performance or non‑performance of a particular act or the bringing about of a particular result, in respect of a particular person or persons; or

(b)

the making of an employment decision relating to a particular individual.

(4)

However, subsection (3) does not prevent a Minister from giving a direction under the Government Procurement Act 1997.

(5)

In this section, “employment decision” means an administrative decision relating to the employment of an individual, including —

(a)

the appointment, promotion, transfer, remuneration or benefits of employment;

(b)

the termination of an individual’s employment; and

(c)

the taking of disciplinary action against an employee.