Singapore legislation

Section 45

of Family Justice Act 2014

Section 45

Protection of judicial and other officers

Amended by16/201616/2016

(1)

A judicial officer shall not be liable to be sued for any act done by him or her in the discharge of his or her judicial duty whether or not within the limits of his or her jurisdiction, provided that he or she at the time in good faith believed himself or herself to have jurisdiction to do or order the act complained of.

(2)

No officer of the Family Justice Courts charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the court shall be liable to be sued for the execution of or attempting to execute such writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless he or she knowingly acted in excess of the authority conferred upon him or her by such writ, summons, warrant, order, notice or other mandatory process of the court.

(3)

An officer of the Family Justice Courts is not to be deemed to have acted knowingly in excess of his or her authority merely by reason of the existence of a dispute as to the ownership of any property seized under any writ or order of execution.

(4)

No judicial officer, officer of the Family Justice Courts or court‑appointed mediator shall be liable to be sued for an act done by him or her for the purposes of any court proceedings, or any mediation or other alternative dispute resolution process conducted by him or her, in the Family Division of the High Court, a Family Court or a Youth Court, if the act —

(a)

was done in good faith; and

(b)

did not involve any fraud or wilful misconduct on his or her part.

(5)

A child representative appointed to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child, shall not be liable to be sued for an act done by the child representative for the purposes of those proceedings, or any mediation or other alternative dispute resolution process related to those proceedings, if the act —

(a)

was done in good faith; and

(b)

did not involve any fraud or wilful misconduct on the part of the child representative.

Amended by16/2016

(6)

Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional is appointed by a Family Court to examine and assess a child or person for the purposes of preparing expert evidence for use in any proceedings involving the custody or welfare of that child or involving that person (as the case may be), the registered medical practitioner, psychologist, counsellor, social worker or mental health professional (as the case may be) shall not be liable to be sued for an act done by him or her for the purposes of the examination or assessment, or the preparation of the expert evidence for use in those proceedings, if the act —

(a)

was done in good faith; and

(b)

did not involve any fraud or wilful misconduct on his or her part.

Amended by16/2016