Private Education Act 2009 · 2020 Revised Edition · Part 7 · Miscellaneous
37. Power of Agency in relation to dispute resolution schemes
Feedback & supportLast amended by an amending law of 2016.
Regulations may be made under section 44 to prescribe one or more dispute resolution schemes for the resolution of disputes arising from or relating to the provision of services by registered private education institutions to students.
private education
“private education” has the meaning given to it in the Schedule;
Without limiting subsection (1), regulations may be made under section 44 —
to require registered private education institutions or any class thereof to participate in such prescribed dispute resolution schemes and to comply with such terms and conditions of the scheme as may be prescribed;
to prescribe a list of approved dispute resolution centres under each prescribed dispute resolution scheme; and
generally to give effect to this section.
Where the Agency is satisfied that any registered private education institution has contravened any of the regulations mentioned in subsection (2), the Agency may do all or any of the following:
Agency
“Agency” means the SkillsFuture Singapore Agency established by section 3 of the SkillsFuture Singapore Agency Act 2016;
impose a financial penalty of any amount, not exceeding $5,000, that the Agency thinks fit;
censure the private education institution, if it thinks it necessary in the public interest or for the protection of the public or any section of the public;
order that the registration of the private education institution be subject to such terms or conditions as may be imposed by the Agency, whether in addition to or in substitution of the existing terms and conditions of its registration.
The Agency must, before making any decision under subsection (3) in relation to any private education institution, give the private education institution written notice of its intention to do so.
private education institution
“private education institution” means —(a)any person that offers to provide or provides private education whether in Singapore or elsewhere, whether or not the person offers to provide or provides the private education —(i)for profit;(ii)together with other education; or(iii)by itself or in association or collaboration with or by affiliation with any other person; and(b)any school registered under the Education Act 1957 which receives a grant‑in‑aid or subvention extended by the Government to aided schools as is specified by the Minister in a notification published in the Gazette,but does not include any private education institution that the Minister declares, by notification in the Gazette, to be excluded from this definition, after having regard to the association, collaboration with or affiliation of the private education institution with any school registered under the Education Act 1957;
Upon receipt of the notice of the Agency under subsection (4), the private education institution concerned or any manager thereof may, within 14 days after the date of the notice, show cause to the Agency as to why the Agency should not impose a financial penalty, censure or make an order under subsection (3)(c), as the case may be.
The Agency must, after the private education institution or any manager thereof has shown cause under subsection (5) or the time to do so has expired, notify the private education institution of its decision in writing.
Subject to section 26, any decision by the Agency under subsection (3) must not take effect until the expiry of 14 days after the Agency has served the notice of the decision on the private education institution concerned.
The Agency may issue, and publish by notification in the Gazette or in any other manner that it considers appropriate, any guidelines that it considers appropriate for providing guidance in relation to the operation of a prescribed dispute resolution scheme.[64
prescribed dispute resolution scheme
“prescribed dispute resolution scheme” means a dispute resolution scheme that is prescribed under section 37;