Singapore legislation
Clause 14
Clause 14
New Part 2A
In the CDRA, after Part 2, insert —“PART 2ACOMMUNITY RELATIONS OFFICERSDivision 1 — PreliminaryInterpretation of this Part13A. In this Part, unless the context otherwise requires —“abate”, in relation to an act or omission causing unreasonable interference, includes to prevent, reduce, eliminate or control the act or omission;“auxiliary police officer” means an auxiliary police officer appointed under Part 9 of the Police Force Act 2004;“court” means a court of competent jurisdiction and includes a Community Disputes Resolution Tribunal;“detection and monitoring equipment” means any equipment or device (including any software) or a combination of such equipment and devices (including any software) that is capable of detecting, monitoring or recording any activity causing unreasonable interference in a place of residence or the vicinity of a place of residence;“entity responsible for the vicinity of a place of residence” means a person, agency or other entity that has the charge, management or control of the vicinity of the place of residence either on his, her or its own account or as agent of another person, including but not limited to, the Housing and Development Board established under the Housing and Development Act 1959, a Town Council established under the Town Councils Act 1988 or a management corporation for a strata title plan;“occupier”, in relation to a place of residence, means a person in occupation of the place of residence or having the charge, management or control of the place either on his, her or its own account or as agent of another person, but does not include a lodger;“owner”, in relation to a place of residence, means a person other than the mortgagee or chargee not in possession, who is for the time being entitled to dispose of the freehold of the place of residence whether in possession or reversion, or who holds under a leasehold or is entitled to the rents and profits of the place of residence;“place of residence” means a house, a flat, an apartment or other dwelling place used for the purpose of residence;“prescribed limitations” means the limitations prescribed under section 13G;“suspected individual” means an individual who is suspected of an act or omission which causes unreasonable interference with his or her neighbour’s enjoyment or use of the place of residence that the neighbour resides in;“vicinity”, in relation to a place of residence, includes any common corridor, common space or common property, any road, or any building or other property, in the surrounding area of the place of residence.Division 2 — Director‑General of Community Relations, community relations officers and auxiliary community relations officersAppointment of Director‑General, Directors, Deputy Directors and Senior Assistant Directors of Community Relations13B.—
The Minister may appoint any person to be the Director‑General of Community Relations who is responsible for the administration of this Part and to perform the following functions:
to facilitate the amicable and early resolution of disputes relating to unreasonable interference with an individual’s enjoyment or use of his or her place of residence;
to administer this Part subject to the general or special directions of the Minister;
to inform and advise the Minister on matters relating to this Part;
to perform such other functions and duties as the Minister may assign to the Director‑General.(2) The Minister may in writing appoint such numbers of Directors of Community Relations, Deputy Directors of Community Relations and Senior Assistant Directors of Community Relations as the Minister may consider expedient or necessary for the purposes of this Part.(3) An appointment under subsection (1) must be published in the Gazette.(4) Subject to the directions of the Director‑General, the powers and duties of the Director‑General under this Act may be exercised and discharged by a Director, Deputy Director or Senior Assistant Director of Community Relations.Appointment of community relations officers13C.—
The Director‑General may in writing appoint any of the following individuals to be a community relations officer to facilitate the amicable and early resolution of disputes relating to unreasonable interference with an individual’s enjoyment or use of his or her place of residence in any particular area or areas in Singapore:
a police officer;
a public officer;
an officer or employee of a statutory body.(2) The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke an individual’s appointment as a community relations officer.(3) An individual who is appointed as a community relations officer under subsection (1) does not, only because of the appointment, become an employee or agent of the Government.Appointment of auxiliary community relations officers13D.—
The Director‑General may in writing appoint any of the following individuals who is at least 18 years of age to be an auxiliary community relations officer to facilitate the amicable and early resolution of disputes relating to unreasonable interference with an individual’s enjoyment or use of his or her place of residence in any particular area or areas in Singapore:
an auxiliary police officer;
an individual who is not mentioned in section 13C(1) but who has the suitable training to properly exercise the powers of an auxiliary community relations officer.(2) The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke an individual’s appointment as an auxiliary community relations officer.(3) An individual who is appointed as an auxiliary community relations officer under subsection (1) does not, only because of the appointment, become an employee or agent of the Government.Identification cards and equipment13E.—
The Director‑General must issue to each community relations officer and auxiliary community relations officer an identification card, which must be carried at all times by the community relations officer or auxiliary community relations officer (as the case may be) when exercising powers under any provision in this Act or in any other written law.(2) A community relations officer and an auxiliary community relations officer whose appointment as such ceases must return any identification card issued to him or her under subsection (1) to the Director‑General.(3) A community relations officer and an auxiliary community relations officer must produce his or her identification card for inspection —
before exercising a power under this Act; and
at any time during the exercise of a power under this Act, if asked to do so.(4) A community relations officer and an auxiliary community relations officer is to be issued with such equipment, or such description of equipment, as the Director‑General may determine to be necessary for the effectual discharge of the duties of a community relations officer or an auxiliary community relations officer, as the case may be.Public servants13F. A community relations officer and an auxiliary community relations officer who, in the course of his or her duty as a community relations officer or an auxiliary community relations officer (as the case may be), exercises any power under this Part, in accordance with the written authorisation of the Director‑General is taken to be a public servant for the purposes of the Penal Code 1871 when exercising the power.Division 3 — Powers and duties of Director‑General, community relations officers and auxiliary community relations officersPowers and duties under this Part subject to prescribed limitations13G.—
The powers and duties of the Director‑General, Directors, Deputy Directors, Senior Assistant Directors, community relations officers and auxiliary community relations officers under this Part (called in this section the powers and duties) are subject to the following limitations that the Minister may prescribe by regulations made under section 13Z:
limitations as to the categories or types of unreasonable interference in relation to which the powers and duties may be exercised or performed;
limitations as to the degree of seriousness or severity of the unreasonable interference before certain powers and duties may be exercised or performed;
limitations as to the conduct of any relevant person or other circumstances in which the powers and duties may be exercised or performed;
limitations as to the geographical area or location in which the powers and duties may be exercised or performed;
limitations as to the types and capabilities of the detection and monitoring equipment that may be used or installed.(2) The regulations mentioned in subsection (1) may —
make different provisions for different categories or types of unreasonable interference;
make different provisions for different classes of powers and duties that may be exercised or performed under different provisions of this Part;
provide for the scope and application of any of the prescribed limitations to be determined by the Director‑General including but not limited to determining the degree of seriousness or severity of the unreasonable interference before certain powers and duties may be exercised; and
provide for factors which may be taken into account by the Director‑General in determining whether a particular complaint or circumstance falls within the scope of the prescribed limitations.Authorisation of community relations officers and auxiliary community relations officers to exercise powers13H.—
The Director‑General must issue each community relations officer and auxiliary community relations officer a written authorisation specifying each power mentioned in section 13I, 13J, 13L or 13M that the community relations officer or auxiliary community relations officer (as the case may be) may exercise subject to the prescribed limitations.(2) A community relations officer or an auxiliary community relations officer (as the case may be) who is authorised to exercise any power under section 13I, 13J, 13L or 13M may only exercise the power —
to the extent authorised by the Director‑General under this section and subject to the prescribed limitations; and
in any case where an individual is suspected of an act or omission which causes unreasonable interference with his or her neighbour’s enjoyment or use of the place of residence that the neighbour resides in.(3) The Director‑General’s authorisation under subsection (1) for a community relations officer or an auxiliary community relations officer (as the case may be) may also do all or any of the following:
limit the powers in section 13I, 13J, 13L or 13M that the community relations officer or auxiliary community relations officer (as the case may be) may exercise;
limit when the community relations officer or auxiliary community relations officer (as the case may be) may exercise those powers;
limit the geographical area or location in Singapore in which the community relations officer or auxiliary community relations officer (as the case may be) may exercise those powers;
limit the categories or types of unreasonable interference in relation to which those powers may be exercised by the community relations officer or auxiliary community relations officer, as the case may be;
limit the circumstances in which the community relations officer or auxiliary community relations officer (as the case may be) may exercise those powers.(4) A community relations officer or an auxiliary community relations officer who is authorised under subsection (1) to exercise any power under section 13I, 13J, 13L or 13M (as the case may be) must obey all lawful directions (general or specific) of the Director‑General when exercising that power.(5) Nothing in section 13I, 13J, 13L or 13M and this section limits the Director‑General of Public Health’s powers under Part 5 of the Environmental Public Health Act 1987 or a Magistrate Court’s powers under section 15 of the Miscellaneous Offences (Public Order and Nuisance) Act 1906.Powers of community relations officers13I.—
The powers that a community relations officer may be authorised under section 13H to exercise are all or any of the following:
to require a suspected individual to state the suspected individual’s name and residential address;
to require any person present or residing in a place of residence to provide information on the identity and particulars of the owner of or any person residing in the same place of residence, where an act or omission causing unreasonable interference was reasonably suspected to have been committed in that place;
to require any of the following individuals to attend before a community relations officer, if any prior reasonable attempt to meet and communicate with the individual has not been successful:
a suspected individual;
any complainant against the suspected individual; (iii)any other individual who may assist in the investigation of the complaint against the suspected individual;
to advise a suspected individual to abate the act or omission causing unreasonable interference;
to photograph or film, or otherwise make an audio or visual recording in the place or the vicinity of the place where, or in respect of which, an act or omission causing unreasonable interference was committed or was reasonably suspected to have been committed, and any individual, thing, document or record in that place and to retain the photograph, film or recording;
to make a copy of and retain the copy of any document or record mentioned in paragraph (e);
to take statements from —
a suspected individual;
any complainant against the suspected individual; or
any other individual who may assist in the investigation of the complaint against the suspected individual;
to require any individual or complainant mentioned in paragraph (g) to make and sign a declaration of the truth of the statement that he or she makes;
to issue a written warning to a suspected individual to cease any act or omission causing unreasonable interference; (j)to issue written advisories to residents to maintain neighbourly relations and community peace;
to carry out an order made by a tribunal under section 11A and for this purpose the community relations officer may exercise the powers mentioned in this section;
to serve or deliver to a suspected individual, if he or she is alleged to have committed an offence, an offer of composition made by the Director‑General or a person authorised by the Director‑General;
to enter a place of residence at any reasonable time of the day, with the consent of the owner or occupier of the place of residence, for the purpose —
of installing detection and monitoring equipment; or
of exercising any power under paragraph (e) or (f);
to install detection and monitoring equipment in the vicinity of a place of residence without entering the place of residence and with the consent of the entity responsible for the vicinity of the place of residence;
to serve or deliver any other direction, notice, order or requirement issued by the Director‑General, a community relations officer or a tribunal under this Act.(2) The powers that a community relations officer may be authorised under section 13H to exercise, with the Director‑General’s prior written approval, are all or any of the following:
to require any person, organisation or public agency to provide information on the identity and particulars of the owner of or any person or tenant residing in a place of residence in respect of which an act or omission causing unreasonable interference was reasonably suspected to have been committed;
to require any person to provide any other information in the possession or within the knowledge of that person that in the opinion of the Director‑General is required to investigate an act or omission causing unreasonable interference that was reasonably suspected to have been committed;
to enter a place of residence at any reasonable time of the day, without the consent of the owner or occupier of the place of residence for the purpose of exercising any power under subsection (1)(e) or (f).(3) A community relations officer may, in the exercise of his or her powers under subsection (1)(m)(i) and (n) and (2)(c), be accompanied by a person authorised by the Director‑General to render technical and other assistance.(4) The Director‑General or a community relations officer may disclose or provide any information, statement, image, audio or visual recording, document or other evidence obtained under this section —
to any court in relation to or in support of any claim or application under this Act; or
for the purposes of exercising the functions or powers of the Director‑General or a community relations officer under this Act.(5) To avoid doubt, it is not necessary to obtain the consent of the owner or occupier of the place of residence mentioned in subsection (1)(n) in exercising the power in that provision to install detection and monitoring equipment in the vicinity of that place of residence.Powers of auxiliary community relations officers13J.—
The powers that an auxiliary community relations officer may be authorised under section 13H to exercise are all or any of the following:
to require a suspected individual to state the suspected individual’s name and residential address;
to advise a suspected individual to abate the act or omission causing unreasonable interference;
to photograph or film, or otherwise make an audio or visual recording in the place or the vicinity of the place where, or in respect of which, an act or omission causing unreasonable interference was committed or was reasonably suspected to have been committed, and any individual, thing, document or record in that place and to retain the photograph, film or recording;
to make a copy of and retain the copy of any document or record mentioned in paragraph (c);
to take statements from —
a suspected individual;
any complainant against the suspected individual; or
any other individual who may assist in the investigation of the complaint against the suspected individual;
to require any individual or complainant mentioned in paragraph (e) to make and sign a declaration of the truth of the statement which he or she makes;
to serve or deliver a written warning to cease any act or omission causing unreasonable interference;
to serve or deliver written advisories to residents to maintain neighbourly relations and community peace;
to accompany and assist a community relations officer in the exercise of the community relations officer’s powers under this Part, subject to the directions of the community relations officer;
to serve or deliver to a suspected individual, if he or she is alleged to have committed an offence, an offer of composition made by the Director‑General or a person authorised by the Director‑General;
to serve or deliver any other direction, notice, order or requirement issued by the Director‑General, a community relations officer or a tribunal under this Act.(2) The powers that an auxiliary community relations officer may be authorised under section 13H to exercise, with the Director‑General’s prior written approval, are all or any of the following:
to install detection and monitoring equipment in the vicinity of a place of residence without entering the place of residence and with the consent of the entity responsible for the vicinity of the place of residence; (b)to enter a place of residence at any reasonable time to install detection and monitoring equipment with the consent of the owner or occupier of the place of residence.(3) An auxiliary community relations officer may, in the exercise of his or her powers under subsection (2), be accompanied by a person authorised by the Director‑General to render technical and other assistance.(4) The Director‑General or an auxiliary community relations officer may disclose or provide any information, statement, image, audio or visual recording, document or other evidence obtained under this section —
to any court in relation to or in support of any claim or application under this Act; or
for the purposes of exercising the functions or powers of the Director‑General or an auxiliary community relations officer under this Act.(5) To avoid doubt, it is not necessary to obtain the consent of the owner or occupier of the place of residence mentioned in subsection (2)(a) in exercising the power in that provision to install detection and monitoring equipment in the vicinity of that place of residence.Discretion not to investigate or take further action13K.—
The Director‑General or a community relations officer may dismiss any complaint relating to unreasonable interference without any investigation or further action, if the Director‑General or the officer is satisfied that the complaint is trivial, frivolous or vexatious or not made in good faith.(2) The Director‑General may in writing direct that a person be prohibited from making any further complaint if the Director‑General is satisfied that the person had habitually and persistently, and without any reasonable ground, made trivial, frivolous or vexatious complaints relating to unreasonable interference.(3) In deciding whether to issue a direction against a person under subsection (2), the Director‑General may consider all the circumstances of the case including whether any civil restraint order under section 31C, 31D or 31E has been made against the person.(4) Any person who without reasonable excuse fails to comply with a direction issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.(5) Without affecting subsections (1) and (2), the Director‑General or a community relations officer may dismiss any complaint relating to unreasonable interference without any investigation or further action after considering the following factors:
the likelihood that an amicable resolution to the dispute may be achieved;
the availability and need to prioritise the resources available;
the degree of seriousness or severity of the alleged unreasonable interference.Division 4 — Abatement ordersPowers to issue and enforce abatement orders13L.—
The Director‑General may issue an abatement order in writing against any suspected individual or any other individual residing in the same place of residence as the suspected individual if —
the Director‑General is satisfied after considering any complaint and the evidence and information obtained by the community relations officer or auxiliary community relations officer under section 13I or 13J (as the case may be) that the suspected individual or another individual residing in the same place of residence was responsible for the act or omission causing unreasonable interference;
the suspected individual or another individual residing in the same place of residence was given a reasonable opportunity to make representations to the Director‑General; and
the suspected individual or another individual residing in the same place of residence was previously issued a written warning to cease that act or omission causing unreasonable interference but failed to do so.(2) Despite subsection (1), where the Director‑General —
has reasonable grounds to believe that the act or omission causing unreasonable interference mentioned in subsection (1)(a) poses a serious and imminent threat or risk to the mental or physical health or welfare of other persons in the vicinity of the place of residence; and
is satisfied that it is impracticable in the circumstances of the particular case for the requirements in subsection (1)(b) and (c) to be complied with,the Director‑General may issue an abatement order in writing under subsection (1) without complying with subsection (1)(b) and (c) except that a reasonable opportunity to make representations to the Director‑General must be given immediately after the abatement order is issued.(3) An abatement order may for the purpose of abating the act or omission causing unreasonable interference —
require the individual specified in the abatement order to stop or to take any reasonable steps to stop any act specified in the order within a reasonable time specified in the order;
require the individual specified in the abatement order to take any reasonable steps to stop any act, specified in the order, by any other individual residing in the same place of residence within a reasonable time specified in the order;
require any other specified steps to be taken to abate the act or omission causing unreasonable interference; and
impose any conditions that the Director‑General thinks fit.(4) The Director‑General may vary or revoke any abatement order issued under subsection (1).(5) Any person who, without reasonable excuse, fails to comply with an abatement order within the time specified in the order shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and
in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.(6) The Director‑General may (even though proceedings for an offence under subsection (5) have not started) authorise in writing a community relations officer to exercise the powers set out in subsection (7) if the Director‑General is satisfied that —
an individual has, without any reasonable excuse, failed (in whole or in part) to comply with an abatement order within the time specified in the order; (b)at least 2 written warnings have been given to the individual to comply with the order; and
in the case where any instrument or object was used to cause the unreasonable interference, the removal of the instrument or object will reduce the unreasonable interference.(7) The powers mentioned in subsection (6) are all or any of the following:
to enter a place of residence at any reasonable time of the day (with or without the consent of the owner or occupier of the place of residence) for the purpose of taking reasonable steps to abate or investigate the act or omission causing unreasonable interference; (b)to require an owner or occupier of the place of residence to produce and surrender any instrument or object suspected to have been used to cause the unreasonable interference;
to take reasonable steps, with or without the consent of the owner or occupier of the place of residence —
to abate or investigate the act or omission causing unreasonable interference in any appropriate manner; or
to seize and remove any instrument or object suspected to have been used to cause the unreasonable interference;
to retain or dispose of, in accordance with regulations made under section 13Z, any instrument or object that has been seized or removed under paragraph (c)(ii).(8) Despite subsection (6), where the Director‑General —
has reasonable grounds to believe that the failure to comply with an abatement order mentioned in subsection (6)(a) poses a serious and imminent threat or risk to the mental or physical health or welfare of other persons in the vicinity of the place of residence; and
is satisfied that it is impracticable in the circumstances of the particular case for the requirement in subsection (6)(b) to be complied with,the Director‑General may authorise in writing a community relations officer to exercise any of the powers set out in subsection (7) without complying with subsection (6)(b).(9) An auxiliary community relations officer may accompany and assist a community relations officer in the exercise of the community relations officer’s powers under subsection (7), subject to the directions of the community relations officer.(10) To avoid doubt, any reasonable step taken under subsection (7) does not affect any proceedings for an offence under subsection (5) but may be taken into consideration by the court in those proceedings.(11) Where the abatement order under subsection (1) is issued to an individual who is not the owner of the place of residence in which that individual resides, the Director‑General must cause a copy of the order to be given to the owner.Division 5 — Referral for mediationReferral for mediation by community relations officer, etc.13M.—
Despite any written law, the persons mentioned in subsection (2) may in writing direct all or any of the following persons to a Community Mediation Centre or to any other prescribed person or entity for mediation (called in this section a mediation entity), with or without the consent of the persons to be directed for mediation: (a)the individuals involved in a complaint or dispute involving alleged unreasonable interference with a neighbour’s enjoyment or use of the neighbour’s place of residence; (b)a landlord of the place of residence of an individual mentioned in paragraph (a).(2) The persons who may issue a direction under subsection (1) are —
a community relations officer so authorised under this Part;
where the complaint or dispute involves an allegation that a person who is a party to a settlement agreement breached the settlement agreement — a person authorised in writing by the mediation entity that administered the mediation where the settlement agreement was made;
a person authorised in writing by a mediation entity that administers a mediation under a direction issued under subsection (1); and
any of the following persons appointed in writing by the Minister to issue a direction under subsection (1) subject to any condition or limitation that the Minister may impose:
a public officer;
an officer or employee of a statutory body.(3) The persons mentioned in subsection (2) may, in issuing a direction under subsection (1), direct all or any of the persons referred for mediation to attend (personally or by a representative permitted under section 14 of the Community Mediation Centres Act 1997 or under a prescribed written law) before a mediation entity —
at a time and place to be specified in the direction; or (b)in the case where the mediation is to be conducted by electronic communication, video conferencing or other electronic means, at a time to be specified in the direction and in accordance with the electronic means specified in the direction.(4) A direction issued under subsection (1) is final.(5) Without affecting section 30, a direction under subsection (1) must not be made with respect to a complaint or dispute involving alleged unreasonable interference with a neighbour’s enjoyment or use of the neighbour’s place of residence where —
an action on a claim under section 4 has been brought in any court; and
the subject of the claim is substantially the same as that of the complaint or dispute.Division 6 — OffencesObstructing community relations officer or auxiliary community relations officer13N.—
Any person who without reasonable excuse —
refuses to give access to, or obstructs, hinders or delays; or
refuses to comply with any request, demand or order made or given by,a community relations officer or an auxiliary community relations officer in the discharge of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.(2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by a community relations officer or an auxiliary community relations officer (as the case may be) who —
fails to declare his or her office; or
refuses to produce his or her identification card on demand being made by that person.Damaging, altering, etc., detection and monitoring equipment13O. Any person who without reasonable excuse —
damages or alters; or
obstructs or impairs the proper functioning of,any detection and monitoring equipment that has been installed in a place of residence or in the vicinity of a place of residence by a community relations officer or an auxiliary community relations officer pursuant to his or her powers under section 13I or 13J shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.Offence of providing false information, etc.13P.—
If —
a person provides a document, or makes a statement (whether orally, in writing or any other way) or gives information, to the Director‑General, a Director, a Deputy Director, a Senior Assistant Director, a community relations officer or an auxiliary community relations officer;
the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading;
the person knows, or ought reasonably to know, that the document is false or misleading, or that the statement or information is as described in paragraph (b); and
the document is provided, or the statement is made or the information is given, for or in connection with a question or request of the Director‑General, a Director, a Deputy Director, a Senior Assistant Director, a community relations officer or an auxiliary community relations officer (as the case may be) under this Act,the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.(2) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the statement or information did not omit any matter or thing without which the statement or information (as the case may be) would be misleading in a material particular.Impersonating community relations officer or auxiliary community relations officer13Q.—
An individual who represents himself or herself, by word or conduct to be a community relations officer or an auxiliary community relations officer, when he or she is not a community relations officer or an auxiliary community relations officer (as the case may be), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.(2) However, it is a defence in any proceedings for an offence under subsection (1) where the accused proves, on a balance of probabilities, that the accused used or possessed the equipment or identification card issued under section 13E for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958.Failure to comply with mediation direction13R.—
A person served a direction under section 13M(1) (called in this section a mediation direction) commits an offence if he or she does not attend the mediation (personally or by a representative) at the time specified in the direction.(2) A person (A) who attends a mediation (personally or by a representative) at a time specified in a mediation direction commits an offence if A or A’s representative (as the case may be) withdraws from the mediation before the person conducting the mediation in accordance with that direction allows A or A’s representative (as the case may be) to do so.(3) It is a defence for any person charged with an offence for contravening subsection (1) or (2) to prove that the person had a reasonable excuse for the contravention.(4) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $1,500.(5) In this section, “representative”, in relation to a person A who is served a mediation direction, means another person permitted, under section 14 of the Community Mediation Centres Act 1997 or under a prescribed written law, to represent A at the mediation.Division 7 — EnforcementPower to investigate offences under this Part13S.—
For the purpose of investigating any offence under this Part, the Director‑General or a community relations officer may —
examine orally any person supposed to be acquainted with the facts and circumstances of the case; and
by written order require any person within the limits of Singapore, who appears to be acquainted with the facts and circumstances of the case, to attend before the Director‑General or community relations officer.(2) The person mentioned in subsection (1)(a) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge or to penalty or forfeiture.(3) A statement made by any person examined under this section must —
be reduced to writing;
be read over to the person;
if the person does not understand English, be interpreted for the person in a language that the person understands; and
after correction, if necessary, be signed by the person.(4) If any person fails to attend before the Director‑General or a community relations officer as required by a written order under subsection (1)(b), the Director‑General or community relations officer may report such failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order.Notice to attend court13T.—
Where the Director‑General or a community relations officer has reasonable grounds for believing that a person has committed an offence under this Part, the Director‑General or community relations officer may, in lieu of applying to a court for a summons, serve upon that person a prescribed notice requiring that person to attend at the court described, at the hour and on the date specified in the notice.(2) A duplicate of the notice must be prepared by the Director‑General or a community relations officer and, if so required by a court, produced to the court.(3) The notice may be served on the person alleged to have committed the offence in the same manner as the service of a summons under section 116 of the Criminal Procedure Code 2010.(4) On an accused person appearing before a court pursuant to a notice under subsection (1), the court is to take cognizance of the offence alleged, and is to proceed as though the accused person were produced before it pursuant to section 153 of the Criminal Procedure Code 2010.(5) If a person upon whom a notice has been served under subsection (1) fails to appear before a court in person or by counsel as required by that notice, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person unless, in the case of an offence which may be compounded, that person has before that date been permitted to compound the offence.(6) Upon a person arrested pursuant to a warrant issued under subsection (5) being produced before a court, the court is to proceed as though the person were produced before it pursuant to section 153 of the Criminal Procedure Code 2010.(7) The Director‑General or a community relations officer may, at any time before the date specified in the notice under subsection (1), cancel the notice.Composition of offences under this Part13U.—
The Director‑General or a person authorised by the Director‑General may compound any offence under this Part that is prescribed as a compoundable offence —
by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:
one half of the amount of the maximum fine that is prescribed for the offence;
$2,000; and
by requiring the person reasonably suspected of having committed the offence to do, or to refrain from doing, such things as may be specified in an offer of composition (called conditions of composition) by the Director‑General with the concurrence (general or specific) of the Public Prosecutor.(2) On payment of the sum of money and on full compliance with the conditions of composition, no further proceedings are to be taken against that person in respect of the offence.(3) The Minister may make regulations to prescribe the offences that may be compounded under this section.(4) All sums collected under this section must be paid into the Consolidated Fund.Community Order for offences under this Part13V. Where a court convicts any person for an offence under this Part, the court has the power to make a community order under Part 17 of the Criminal Procedure Code 2010 despite any provision to the contrary in section 337(1)(h) of that Code.Division 8 — GeneralAppeal to Minister13W.—
A person who is aggrieved by an order issued under section 13L may, within 14 days after receiving the order, appeal in the prescribed manner to the Minister.(2) Despite any appeal made under subsection (1), the order appealed against takes effect and must be complied with unless otherwise provided in this Act or ordered by the Minister.(3) The Minister may, after considering the appeal —
dismiss or allow the appeal;
confirm, vary or revoke the order; or
impose such conditions as the Minister thinks fit.(4) The Minister may, in considering an appeal under this section, give the appellant an opportunity to make representations in writing.(5) The Minister’s decision on any appeal is final.Preservation of secrecy13X.—
An individual who is or has been —
a public officer;
an officer or employee of a statutory body;
a police officer or other officer of any law enforcement agency;
a community relations officer or an auxiliary community relations officer; or
a contractor engaged by the Government or an employee of that contractor,must not disclose any information relating to the affairs of the Director‑General, a Director, a Deputy Director or a Senior Assistant Director or of any other person which has been obtained by the individual in the performance of his or her duties or the exercise of his or her functions under this Act, except —
for the purposes of the performance of his or her duties or the exercise of his or her functions under this Act or other written law;
for the purpose of assisting any person (being a public officer, officer or employee of a statutory body or person exercising a public official function) who is responsible for administering or enforcing any written law, to administer or enforce that written law;
with the prior authorisation of the Minister; (i)where permitted or authorised under this Act; or
when lawfully required to do so by any court or where required or allowed to do so by the provisions of any written law.(2) Any individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.(3) Subject to this section, any monitoring data is to be used by the Director‑General, a Director, a Deputy Director, a Senior Assistant Director, a community relations officer or an auxiliary community relations officer only for the purposes of this Part and for the purposes of a claim or an application to a tribunal or court under this Act.(4) In this section, “monitoring data” means —
any photograph, image or audio or visual recording taken or captured by a community relations officer or an auxiliary community relations officer pursuant to his or her powers under section 13I or 13J; or
any information and data recorded in any detection and monitoring equipment installed pursuant to section 13I or 13J.Protection from personal liability13Y. No liability shall lie against the Director‑General, a Director, a Deputy Director, a Senior Assistant Director, a community relations officer, an auxiliary community relations officer or any other person authorised under this Act for anything which is done or intended to be done with reasonable care and in good faith in —
the exercise or purported exercise of any power under this Act; or
the performance or purported performance of any function under this Act.Regulations 13Z.—
The Minister may make regulations for carrying out the purposes and provisions of this Part and for any matter which is required under this Part to be prescribed.(2) Without limiting subsection (1), the Minister may make regulations for all or any of the following matters:
the fees to be paid in respect of any application under this Part and otherwise in connection with the administration of this Part, and the waiver, remission or refund (in whole or in part) of the fees;
the manner in which fees are to be paid; (c)the form, manner and procedure by which an application or a complaint relating to unreasonable interference is to be made to the Director‑General, a community relations officer or an auxiliary community relations officer, and the persons who may make such applications or complaints;
to provide for the manner and procedure for the retention or disposal of any instrument or object mentioned in section 13L(7) including for the manner of disposal to be determined by the Director‑General;
to provide for such saving, transitional and other consequential, incidental and supplemental provisions as are necessary or expedient for the purposes of this Part.(3) The powers conferred by this section do not extend to any matter for which Rules of Court may be made under section 32.Designation of persons to exercise Minister’s duties and powers13ZA.—
The Minister may designate any of the following persons to perform any of the duties or exercise any of the powers of the Minister under this Part (except for the powers under this section and section 13Z) as the Minister may specify:
the Second Minister (if any) for his or her Ministry;
any Minister of State, including a Senior Minister of State, for his or her Ministry;
any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his or her Ministry.(2) Without affecting subsection (1), the Minister may designate any public officer in his or her Ministry not subordinate to the Director‑General whose decision or order is appealed against, to hear and determine (in the Minister’s place) any appeal under section 13W.(3) A reference to the Minister in this Part (except for this section and section 13Z) includes a reference to a person designated under subsection (1).Exemption13ZB. The Minister may, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Part, either generally or in a particular case and subject to any condition that the Minister may impose.Service of directions, orders or notices13ZC.—
A direction, order or notice issued under this Part must be served as described in this section.(2) The direction, order or notice may be served —
by giving it to the individual personally;
by sending it by post to the address specified by the individual for the service of the direction, order or notice or, if no address is so specified, the individual’s residential address or business address;
by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;
by affixing a copy of the direction, order or notice in a conspicuous place at the individual’s residential address or business address; or
by sending it by email to the individual’s last email address.(3) Service of the direction, order or notice takes effect —
if the direction, order or notice is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; or
if the direction, order or notice is sent by post, 2 days after the day the direction, order or notice was posted (even if it is returned undelivered).(4) However, service of a direction, order or notice on an individual by email may be effected only with the individual’s prior written consent to service in that way.(5) This section does not apply to documents to be served in proceedings in court.(6) In this section —“business address” means the individual’s usual or last known place of business in Singapore;“last email address” means the last email address given by the individual to the person serving the direction, order or notice as the email address to serve a direction, order or notice;“residential address” means an individual’s usual or last known place of residence in Singapore.”.