Singapore legislation

Clause 10

of National Council of Social Service (Amendment) Bill

Clause 10

Replacement of sections 15 and 16

In the principal Act, replace sections 15 and 16 with —“Sector members15.—

(1)

The Council may appoint an organisation to be a sector member of the Council.(2) A sector member may be re-appointed.(3) To be appointed as a sector member, an organisation must either —

(a)

have the primary function of providing a social service in Singapore; or

(b)

have the primary function of directly supporting the provision of a social service in Singapore.(4) A sector member must comply with —

(a)

such standards for the management and administration of, and the provision of social service by, sector members as may be prescribed; and

(b)

such standards for the cooperation of sector members with the Council as may be prescribed.(5) The Council may at any time revoke the appointment of an organisation as a sector member in accordance with any regulations made under section 37.(6) In determining whether to appoint or re-appoint an organisation as a sector member under subsection (1) or (2), respectively, or whether to revoke the appointment of an organisation as a sector member under subsection (5), the Council may consider the organisation’s aims, objects and activities, including whether those aims, objects and activities are contrary to the public interest, public order or national harmony.(7) Sector members are not members of the Council for the purposes of section 5 and the definition of “member” in relation to a public body in section 2(1) of the Public Sector (Governance) Act 2018.Appeal to Minister16.—

(1)

An organisation aggrieved by a decision mentioned in subsection (2) may appeal to the Minister within 14 days after notice of the decision is served on the organisation or such extended period as the Minister may allow in any particular case.(2) A decision for the purpose of subsection (1) is a decision of the Council —

(a)

refusing to appoint that organisation as a sector member under section 15(1);

(b)

refusing to re-appoint that organisation as a sector member under section 15(2); or

(c)

revoking that organisation’s appointment as a sector member under section 15(5).(3) Any organisation that appeals to the Minister under subsection (1) must —

(a)

in the appeal, state as concisely as possible the circumstances under which the appeal arises, and the issues and grounds for the appeal; and

(b)

submit the appeal to the Minister together with all relevant facts, evidence and arguments for the appeal, within the period specified in subsection (1).(4) Where an appeal has been made to the Minister under subsection (1), the Minister may require any party to the appeal to provide the Minister with such information or document as the Minister may require for determining the appeal, and any person so required must provide the information or document in such manner and within such period as may be specified by the Minister.(5) The Minister is not under any duty to hear, consider or determine any appeal if —

(a)

the appellant does not comply with subsection (3) or (4); or

(b)

it appears that the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious.(6) The decision appealed against must be complied with until the determination of the appeal unless otherwise directed by the Minister in any particular case.(7) The Minister may determine an appeal under this section by —

(a)

confirming, varying or cancelling the decision appealed against; or

(b)

directing the Council to reconsider the decision appealed against.(8) The decision of the Minister in any appeal is final.(9) Every appellant must be notified of the Minister’s decision under subsection (7).(10) The Minister may designate any of the following office‑holders in his or her Ministry to hear and determine, in the Minister’s place, any appeal made under this section:

(a)

any Minister assigned by the Prime Minister to assist the Minister;

(b)

any Minister of State;

(c)

any Parliamentary Secretary.(11) In this section (except subsection (10)), a reference to the Minister in relation to an appeal includes a reference to any office‑holder designated under subsection (10) to hear and determine the appeal.”.