Singapore legislation
Clause 25
Clause 25
Directions concerning safety, health, welfare and wellbeing of residents, etc.
(1)
The Director‑General may give a direction to a licensee or an approved individual if the Director‑General —
has reasonable grounds to believe that there are circumstances that may endanger, or are likely to endanger, the safety, health, welfare or wellbeing of the residents of or other individuals at a licensable SRH;
considers it necessary or expedient for the purpose of protecting the safety, health, welfare or wellbeing of the residents of a licensable SRH; or
considers it necessary or expedient to ensure continuity of the provision of residential accommodation and the provision of care, biopsychosocial intervention or support to carry out daily activities to residents of a licensable SRH.
(2)
Subject to subsection (3), any direction given under subsection (1) —
may, either generally or for any period that the Director‑General may specify, require the licensee or approved individual concerned (according to the circumstances of the case) to do, or to refrain from doing, anything specified in the direction or of a description specified in the direction;
takes effect from the date mentioned in subsection (9); and
may be varied or revoked at any time by the Director‑General.
(3)
A direction given under subsection (1) is not to have effect if the direction requires the licensee or approved individual concerned to do, or to refrain from doing, anything that the licensee or approved individual is already required to do, or to refrain from doing —
where the direction applies to the licensee —
under any provision of this Act;
under a condition imposed under section 10 or 22; (iii)under a provision of a code of practice applicable to the licensee under section 24; or
under a prior direction given under section 11(4), 23(4), 26(3) or 27(4)(e); or
where the direction applies to the approved individual —
under any provision of this Act;
under a condition imposed under section 22; or
under a prior direction given under section 23(4) or 26(3).
(4)
To avoid doubt, a direction may, under the circumstances mentioned in subsection (1)(a), require a licensee to stop the operation of a licensable SRH or any part of the operation of a licensable SRH until the Director‑General is satisfied that those circumstances no longer exist.
(5)
Before giving a direction under subsection (1) to a licensee or an approved individual, the Director‑General must, unless subsection (8) applies, give written notice to the licensee or approved individual —
stating that the Director‑General intends to give a direction to the licensee or approved individual under this section and the nature of the direction; and
specifying the period (being at least 7 days after the date of service of the written notice on the licensee or approved individual) within which written representations may be made to the Director‑General with respect to the proposed direction.
(6)
The Director‑General may decide to give or not to give, or to modify, the direction as the Director‑General considers appropriate —
after considering any written representation made to the Director‑General pursuant to the written notice mentioned in subsection (5); or
after the period specified in the written notice under subsection (5)(b) lapses, where no written representation is made or any written representation made is subsequently withdrawn.
(7)
The Director‑General must serve on the licensee or approved individual concerned a written notice of the Director‑General’s decision under subsection (6).
(8)
However, where the Director‑General considers that it is impracticable or undesirable to give written notice under subsection (5) before giving the direction under subsection (1), in the circumstances of the particular case because of danger or risk to —
the security and good order within the licensable SRH; or
the safety or health of the residents of the licensable SRH,the Director‑General may give the direction to the licensee or approved individual concerned without having to give the written notice.
(9)
A direction given to a licensee or an approved individual under subsection (1) takes effect from —
the date on which the written notice under subsection (7) is served, or any later date that the written notice may specify; or
in a case where subsection (8) applies, the date on which the direction is given by the Director‑General to the licensee or approved individual or any later date that the direction may specify.
(10)
Every licensee or approved individual must comply with every direction given under this section to the licensee or approved individual (as the case may be) as soon as the direction takes effect.
(11)
A licensee or an approved individual who fails to comply with a direction given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 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.