14A. Information required by Tribunal or Commissioner
Feedback & supportLast amended by an amending law of 2023. 2 amendments in all.
Subject to subsection (1A), the Tribunal or the Commissioner may, in discharging their respective functions under this Act, obtain any information, record, document or article from a prescribed officer, as the Tribunal or the Commissioner (as the case may be) may consider necessary or desirable for the purposes set out in subsection (2).
Tribunal
“Tribunal” means the Tribunal for the Maintenance of Parents established under section 13.
Where any court order or written law prohibits the publication of any information (or the doing of any other act) that is likely to lead to the identification of a person —
the Tribunal or the Commissioner may, despite that court order or written law, obtain from a prescribed officer under subsection (1) any information, record, document or article that identifies (or is likely to lead to the identification of) that person, but only for the purpose mentioned in subsection (2)(aa); and
the prescribed officer, in providing that information, record, document or article to the Tribunal or the Commissioner (as the case may be), does not contravene that court order or written law if that information, record, document or article is provided only for that purpose.
Subject to subsection (1A), any information, record, document or article obtained under subsection (1) may be used by the Tribunal or the Commissioner (as the case may be) for any of the following purposes:
Commissioner
“Commissioner” means the Commissioner for the Maintenance of Parents appointed under section 12(1) and includes a Deputy Commissioner and an Assistant Commissioner for the Maintenance of Parents;
identifying and locating the children of the parent;
ascertaining whether the parent has any record or purported record of abandonment, abuse or neglect of a child of the parent;
assessing the veracity of or supplementing the information provided by the parent, applicant, respondent or children of the parent;
assessing the ability of the parent to maintain himself or herself, and each of the children of the parent to maintain the parent, including but not limited to their respective incomes, earning capacity, property and other financial resources, expenses and liabilities.
Each member of the Tribunal and the Commissioner must, in respect of any information, record, document or article obtained under subsection (1) and which has been disclosed to him or her —
take reasonable steps to ensure that the information, record, document or article is kept confidential to the Tribunal or the Commissioner, as the case may be;
not use the information, record, document or article except —
in the case where subsection (1A) applies — for the purpose mentioned in subsection (2)(aa); or
in any other case — for a purpose mentioned in subsection (2);
subject to subsection (4), disclose the information, record, document or article only —
as between the Commissioner and the Tribunal and any officer of the Tribunal, or any person acting for or under the direction of the Tribunal, for the purposes stated in subsection (2);
where permission is required under this Act for the filing of an application under section 3 in respect of the parent to whom the information, record, document or article relates —
to the parent, or any person mentioned in section 11 who intends to make the application on the parent’s behalf; or
to an approved person or organisation mentioned in section 3(2) who intends to make the application;
with the written permission of the prescribed officer who provided the information, record, document or article, or the public authority that the prescribed officer is a public officer of at the time the information, record, document or article is provided, to the Tribunal or the Commissioner, as the case may be;
when required to do so by any court or under any written law; or
for the purposes of any criminal proceedings or for any other purpose the disclosure of which is required or authorised by or under any written law.
Subject to subsection (5), a member of the Tribunal or the Commissioner must not disclose any information, record, document or article mentioned in subsection (1A), or any part of it, except —
only to —
a person mentioned in subsection (3)(c)(i);
where permission is required under this Act for the filing of an application under section 3 in respect of a parent to whom that information, record, document or article relates —
the parent, or any person mentioned in section 11 who intends to make the application on the parent’s behalf; or
an approved person or organisation mentioned in section 3(2) who intends to make the application; or
where required by a court mentioned in section 16, 17 or 18 — that court; and
only to the extent necessary to show that a parent has a record or purported record of abandonment, abuse or neglect of a child of the parent and the date of the record.
Before disclosing any information, record, document or article, or any part of it, to a person (called in this subsection the recipient) under subsection (4), the member of the Tribunal or the Commissioner (as the case may be) must inform the recipient —
that the information, record, document or article is subject to a court order or written law (as the case may be) that prohibits the publication of any information (or the doing of any other act) that is likely to lead to the identification of a person mentioned in that court order or written law; and
where the recipient is a person mentioned in subsection (4)(a)(i) or (ii) — that the recipient must not disclose the information, record, document or article, or any part of it, or do any other act, in contravention of that court order or written law.
Any member of the Tribunal or the Commissioner who discloses any information, record, document or article mentioned in subsection (1A), or any part of it, does not contravene the court order or written law mentioned in subsection (1A) if the disclosure is made in accordance with subsection (4).
In this section —
“prescribed officer” means —
any officer of a public authority; or
any person performing or discharging a public function under a public Act, who is specified by the Minister, by notification in the Gazette, to be a prescribed officer;
“public authority” means any of the following that is specified by the Minister, by notification in the Gazette, to be a public authority:
a ministry or department of the Government;
an organ of State;
a body that is established or constituted by or under a public Act to perform or discharge a public function.