Singapore legislation
Regulation 14
of Medical Registration (Disciplinary Commission and Disciplinary Tribunal) Rules 2022
Regulation 14
Requests for confidential treatment
Subregulation 1
A request for the confidential treatment of a document, part of a document, or information, produced or given for the purposes of an inquiry must —
be made to the Disciplinary Tribunal in writing by the party who produced the document or gave the information, when producing the document or giving the information;
where the request relates to part of a document, state the relevant words, figures or passages for which confidentiality is claimed; and
contain the reasons for the request for withholding the document or information from any party and, where the request relates to part of a document, the reasons specific to each such part.
Subregulation 2
The party making the request must also submit to the Disciplinary Tribunal, if the person considers it possible to summarise or redact the material in the document, part of the document, or information, a non‑confidential version of the document, part of the document or information (as the case may be) in a form that can be given to any party.
Subregulation 3
A request for confidential treatment must not be considered if the request does not comply with paragraph (1), unless the Disciplinary Tribunal considers that the circumstances are exceptional.
Subregulation 4
The Disciplinary Tribunal may grant the confidential treatment requested on any condition the Disciplinary Tribunal thinks fit (including changes to the summary or redacting of material in any non‑confidential version under paragraph (2)), if the Disciplinary Tribunal is satisfied that the document, part of the document, or information contains, or is, in the Disciplinary Tribunal’s opinion —
information the disclosure of which would be contrary to the public interest;
commercial information the disclosure of which may significantly harm the legitimate business interests of the undertaking to which it relates; or
information relating to the private affairs of an individual the disclosure of which would or may significantly harm the interests of that individual.
Subregulation 5
In the event of a dispute as to whether the confidential treatment should be granted, the Disciplinary Tribunal must decide the matter after considering oral or written submissions from the parties, taking into account the matters referred to in paragraph (4).
Subregulation 6
If the Disciplinary Tribunal grants the confidential treatment, the party making the request for the confidential treatment must, no later than 5 working days after the Disciplinary Tribunal’s decision —
in the case where the grant is subject to changes to the summary or redacting of material in any non‑confidential version filed under paragraph (2) —
make the necessary changes or redactions;
submit the revised non‑confidential version to the Disciplinary Tribunal; and
send the revised non‑confidential version to the other party or parties, as the case may be; and
in any other case, send to the other party or parties the non‑confidential version submitted under paragraph (2), if any,and notify the other party or parties that the document, part of the document, or information has been summarised or redacted.
Subregulation 7
The Disciplinary Tribunal must not, for the purpose of making any finding under section 59D(1) of the Act, rely on any document, part of a document, or information to which confidential treatment is granted, but may rely on the non‑confidential version submitted (if any) under paragraph (2) or (6)(a), as the case may be.