Singapore legislation
Clause 74
Clause 74
Consequential and related amendments to Supreme Court of Judicature Act
The Supreme Court of Judicature Act (Cap. 322, 2007 Ed.) is amended —
by inserting, immediately after the definition of “court” in section 2, the following definitions:“ “Family Division of the High Court” means the Family Division of the High Court constituted under section 4 of the Family Justice Act 2014;“Family Justice Rules” means the Family Justice Rules made under the Family Justice Act 2014 and any other written law by the Family Justice Rules Committee constituted under section 46(1) of that Act;”;
by inserting, immediately after the words “State Courts Act (Cap. 321)” in the definition of “subordinate court” in section 2, the words “, a Family Court or Youth Court constituted under the Family Justice Act 2014,”;
by deleting the words “Rules of Court” wherever they appear in the following provisions and substituting in each case the words “Rules of Court or Family Justice Rules”:Sections 10(2), 10A(1) and (2) and 16(1)(a)(i) and (ii) and paragraphs 10 and 12 of the First Schedule;
by inserting, immediately after the words “the Presiding Judge of the State Courts” in section 10(5)(a), (b), (c), (d) and (e), the words “or the Presiding Judge of the Family Justice Courts”;
by deleting the words “Rules of Court” in section 17A(5) and (6) and substituting in each case the words “Family Justice Rules”;
by deleting the words “or Rules of Court” in section 18(3) and substituting the words “, Rules of Court or Family Justice Rules”;
by deleting the word “and” at the end of section 19(a);
by deleting the full-stop at the end of paragraph (b) of section 19 and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs:“(c)the hearing of appeals from Family Courts when exercising criminal jurisdiction; and
the hearing of appeals from Youth Courts.”;
by inserting, immediately before paragraph (b) of section 20, the following paragraph:“(a)the hearing of appeals from Family Courts when exercising jurisdiction of a quasi-criminal or civil nature;”;
by deleting the words “District Court” in section 28A(1) and (2)(b) and (c) and section heading and substituting in each case the words “District Court or Family Court”;
by deleting the words “section 17(a) to (e)” in section 28A(2)(a)(ii) and substituting the words “section 17(b) or (c)”;
by inserting, immediately after paragraph (a) of section 28A(2), the following paragraph:“(aa)may confer jurisdiction on a Family Court to hear and determine any proceedings specified in the order which, but for the order, the Family Court would not have jurisdiction to hear and determine;”;
by inserting the word “or” at the end of section 34(2)(c);
by deleting the word “; or” at the end of section 34(2)(d) and substituting a full-stop;
by deleting paragraph (e) of section 34(2);
by deleting subsection (2A) of section 34 and substituting the following subsection:“(2A) Subsection (2)(a) shall not apply to any case heard and determined by the High Court in the exercise of its original jurisdiction under any written law which requires that case to be heard and determined by the High Court in the exercise of its original jurisdiction.”;
by inserting, immediately after subsection (3) of section 34, the following subsections:“(4) Subsections (1) and (2) shall not apply to any decision, judgment or order of the Family Division of the High Court.(5) Except with the leave of the Court of Appeal, or of a Judge of the Family Division of the High Court, no appeal shall be brought to the Court of Appeal from any decision, judgment or order of the Family Division of the High Court involving the exercise of the appellate civil jurisdiction referred to in section 23 of the Family Justice Act 2014.”;
by inserting, immediately after subsection (6) of section 73, the following subsection:“(7) A person whose name appears in the list of touts under section 39 of the Family Justice Act 2014, or the list of touts under section 62 of the State Courts Act (Cap. 321), shall be deemed to be included in the list under this section, and vice versa.”;
by deleting the words “made under this Act” in paragraph 8 of the First Schedule and substituting the words “or Family Justice Rules”; and
by inserting, immediately after paragraph 19 of the First Schedule, the following paragraphs:“Examination and assessment of child, etc.
20. Power, in any proceedings involving the custody or welfare of a child or involving a person —
to appoint a registered medical practitioner, psychologist, counsellor, social worker or mental health professional to examine and assess the child or person (as the case may be) for the purposes of preparing expert evidence for use in those proceedings; and
to prohibit from being adduced in those proceedings any evidence arising out of an examination or assessment of the child or person by any person who is not so appointed.Ordering mediation, counselling or participation in family support programme or activity
21. Power to order any party to any proceedings, or any child who is a subject of those proceedings, to undergo such mediation or counselling, or to participate in such family support programme or activity (that is to say, any programme or activity carried out for the purpose of addressing or resolving any relationship issue or relationship problem between spouses or former spouses, between siblings or between parent and child), as the court may direct.”.