Public Sector (Governance) Act 2018

any facts, statistics, instructions, concepts or other data in a form that is capable of being communicated, analysed or processed (whether by an individual or a computer or other automated methods); and

data sets;

an individual who is appointed under the constitutional Act of the public body as a member of the public body; or

an individual who is appointed under the constitutional Act of the public body as a member of the governing body of the public body, where there is a governing body,and includes an individual who is appointed under the constitutional Act of the public body to act in that capacity temporarily;

the Singapore Armed Forces;

the Singapore Civil Defence Force;

the Singapore Civil Service;

the Singapore Legal Service; and

the Singapore Police Force;

the public service; and

all Group 1, Group 2 and Group 3 public bodies;

a Group 1, Group 2 or Group 3 public body;

a ministry or department of the Government;

an Organ of State;

a public officer or a person exercising a public official function, who is declared by the Minister by order in the Gazette to be a Singapore public sector agency for the purposes of this Act;

a public officer holding a post in a ministry or department of the Government or an Organ of State which is that Singapore public sector agency (including a public officer on leave without pay);

an employee of a Group 1, Group 2 or Group 3 public body which is that Singapore public sector agency (including an employee on leave without pay); or

under a secondment arrangement making available temporarily to that Singapore public sector agency the service of the individual.

the Singapore public sector agency has possession or custody of the information; or

the Singapore public sector agency has the information in the possession or custody of some other person.

to all Singapore public sector agencies; or

to a Singapore public sector agency or a class of Singapore public sector agencies specified in the direction,requiring the Singapore public sector agency or agencies concerned to comply with a policy of the Government (as amended from time to time, and with or without modifications) relating to all or any pertinent subject matter.

to uphold and promote the values of the Singapore public sector;

to secure economies or efficiencies for the Singapore public sector;

to improve (directly or indirectly) the efficiency or effectiveness of policies, programme management or service planning and delivery by Singapore public sector agencies (whether by carrying out data analytics work or otherwise);

to ensure business continuity;

to ensure accountable and prudent stewardship of Singapore public sector finances and resources;

to manage risks to the financial position of the Government;

to support a whole-of-government approach in the discharge of the Singapore public sector agencies’ functions.

employment, management and discipline of employees;

management of official documents;

financial and resource management and accountability;

use or development of information technology;

data governance (including personal data protection) and sharing of information under the control of a Singapore public sector agency with another Singapore public sector agency.

for the matter in subsection (3)(a), the Minister charged with the responsibility for public sector personnel policy;

for the matter in subsection (3)(b), the Minister charged with the responsibility for Government records and archives;

for the matter in subsection (3)(c), the Minister charged with the responsibility for Government finance;

for the matter in subsection (3)(d), the Minister charged with the responsibility for public sector info‑communications technology and related engineering;

for the matter in subsection (3)(e), the Minister charged with the responsibility for public sector data governance.

the Singapore public sector agency and every officer of that agency; and

where the Singapore public sector agency is a public body, the members of the public body,are authorised to share the information under the control of the Singapore public sector agency with another Singapore public sector agency to the extent permitted by the data sharing direction despite any obligation as to confidentiality under the common law.

an individual discloses, or the individual’s conduct causes disclosure of, information under the control of a Singapore public sector agency to another person (whether or not a Singapore public sector agency);

the disclosure is not authorised by any data sharing direction given to the Singapore public sector agency;

the individual is a relevant public official of the Singapore public sector agency at the time of the disclosure; and

the individual does so —

knowing that the disclosure is not in accordance with that direction; or

reckless as to whether the disclosure is or is not in accordance with that direction,the individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

the information under the control of the Singapore public sector agency was, at the time of its disclosure by the defendant, generally available information;

the defendant disclosed or caused the disclosure of information under the control of a Singapore public sector agency —

as permitted or required by or under an Act or other law (apart from this Act);

as authorised or required by an order of court; or

in any other circumstances, or for any other purpose, prescribed.

an individual makes use of information under the control of a Singapore public sector agency (A);

the use is not authorised by any data sharing direction given to A;

the individual is a relevant public official of A or another Singapore public sector agency at the time of the use;

the individual does so —

knowing that the use is not in accordance with such a data sharing direction; or

reckless as to whether the use is or is not in accordance with such a data sharing direction; and

the individual as a result of that use —

obtains a gain for the individual or another person;

causes harm to another individual; or

causes a loss to another person,the individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

an individual makes use of information (other than personal data) under the control of a Singapore public sector agency (A);

the use is not authorised by A;

the individual is —

a contractor supplying goods or services to A or to another Singapore public sector agency; or

an employee of a person who is a contractor supplying goods or services to A or to another Singapore public sector agency;

the individual does so —

knowing that the use is not authorised by A; or

reckless as to whether the use is or is not authorised by A; and

the individual, as a result of that use —

obtains a gain for the individual or another person;

causes harm to another individual; or

causes a loss to another person,the individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

that the information under the control of A that was used was, at the time of its use, generally available information;

the defendant used the information under the control of A —

as permitted or required by or under an Act or other law (apart from this Act);

as authorised or required by an order of court; or

in any other circumstances, or for any other purpose, prescribed.

a gain in property or a supply of services (whether temporary or permanent); or

an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration;

any physical harm; or

harassment, alarm or distress caused to the individual;

a loss in property or a supply of services, whether temporary or permanent; or

a loss of an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration,but excludes, in relation to an individual, the loss of personal data about the individual;

an officer of the Singapore public sector agency;

a member of a Group 1, Group 2 or Group 3 public body which is that Singapore public sector agency, or of the governing body of such a public body; or

the chief executive of a Group 1, Group 2 or Group 3 public body which is that Singapore public sector agency.

an individual takes any action to re-identify or cause re‑identification of the person to whom anonymised information under the control of a Singapore public sector agency relates;

the re-identification is not authorised by any data sharing direction given to the Singapore public sector agency;

the individual is a relevant public official of the Singapore public sector agency at the time of taking that action; and

the individual does so —

knowing that the re‑identification is not authorised by that data sharing direction; or

reckless as to whether the re‑identification is or is not authorised by that data sharing direction,the individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

the information on the identity is publicly available;

the action to re-identify or cause re-identification is —

permitted or required by or under an Act or other law (apart from this Act);

authorised or required by an order of court; or

in any other circumstances, or for any other purpose, prescribed; or

the accused —

reasonably believed that the re‑identification was for a specified purpose; and

notified either of the following agencies of the re‑identification as soon as was practicable:

the Singapore public sector agency;

the Government Technology Agency.

be in the form of a circular or an instruction or order addressed to —

the Singapore public sector agency or every Singapore public sector agency in that class, as the case may be; and

the members of a public body which is the Singapore public sector agency in sub‑paragraph (i) and its chief executive; and

be amended or replaced in the same way as it may be given.

a statutorily independent function of the Singapore public sector agency; or

a quasi-judicial function of the Singapore public sector agency or any of its officers in relation to a particular matter.

the performance or non‑performance of a particular act or the bringing about of a particular result, in respect of a particular person or persons; or

the making of an employment decision relating to a particular individual.

the appointment, promotion, transfer, remuneration or benefits of employment;

the termination of an individual’s employment; and

the taking of disciplinary action against an employee.

for the proper administration and management of the functions and affairs of the public body in accordance with the policy laid down by the public body and the directions given to the public body under this Act; and

for ensuring delivery of services, and collaboration to achieve outcomes with other Singapore public sector agencies for the attainment of whole‑of‑government objectives that are communicated to the public body.

with the prior approval of the responsible Minister for the public body, in the case of a Group 1, Group 2A or Group 3 public body; and

with the prior concurrence of the Public Service Commission, in the case of a Group 1 public body.

with the prior approval of the responsible Minister for the public body, in the case of a Group 1, Group 2A or Group 3 public body; and

with the prior concurrence of the Public Service Commission, in the case of a Group 1 public body.

a direction is given by a responsible Minister under section 15(3); or

the Public Service Commission concurs under section 17 with a dismissal of a chief executive of a Group 1 public body.

the chairperson of the public body;

a member of the public body;

the chief executive of the public body;

an officer of the public body.

is formed by a Group 1A, Group 1B, Group 2 or Group 3 public body; and

is delegated to carry out any function of the public body under its constitutional Act or any other written law,is taken to be a public servant for the purposes of the Penal Code 1871 in relation to his or her carrying out the function of the public body.

his or her administration, assessment, collection or enforcement of payment of any fee, tax, charge, financial penalty or other sum of money which is imposed or collected under the constitutional Act of the public body or any other written law administered by the public body and —

is collected by the public body as an agent of the Government under the constitutional Act or that other written law; or

is payable or required by the constitutional Act or other written law to be paid into the Consolidated Fund or other Government Fund;

his or her disbursing, on behalf of the Government, under the constitutional Act of the public body or any other written law administered by the public body, any financial assistance or other benefits using moneys withdrawn from the Consolidated Fund or other Government Fund; or

his or her administration and management of any contract entered into or managed by the public body on behalf of the Government,and section 20 of the Financial Procedure Act 1966 applies to each of these individuals even though they are not or were not in the employment of the Government.

the public body’s performance of its functions or exercise of its powers under written law; or

an arrangement or agreement, or a contract, made or entered into, or proposed to be made or entered into, by the public body.

may derive a direct or indirect financial benefit from the relevant matter;

may have a direct or indirect financial interest in a person to whom the relevant matter relates; or

is otherwise directly or indirectly interested in the matter.

only because of an interest in a question about the level of remuneration, allowances or expenses to be set for members of the public body;

only because of an interest that the member, or an associate of the member, shares in common with the general public or a substantial section of the public;

only because the member, or an associate of the member, has an interest in payment or reimbursement of membership fees for, or expenses related to membership in, a body with predominantly charitable objects;

only because he or she has past or current involvement in the relevant sector, industry or practice;

only because the member, or an associate of the member, is a customer of any service provided or goods supplied by the public body to the public generally or a section of the public in the performance of its functions or exercise of its powers under written law;

only because the member is a director or chief executive officer of a wholly‑owned subsidiary corporation of the public body and the relevant matter is with or for the benefit of or done on behalf of that wholly‑owned subsidiary corporation;

where the member is appointed to represent —

the Government or a holder of a public office; or

a community or special interest group in accordance with the constitutional Act of the public body,only because the relevant matter is with or for the benefit of or done on behalf of the Government or that public office or that community or group, as the case may be; or

if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under this Act or another written law administered by the public body in respect of that relevant matter.

they are spouses or siblings or a parent and child or they are in a similar close family relationship;

they are in partnership;

one is a company and the other is a director or manager of the company;

one is a private company within the meaning of the Companies Act 1967 and the other is a shareholder in the company; or

a chain of relationships can be traced between them under one or more of the above paragraphs.

the public body;

a nominee of the public body;

a subsidiary of the public body being a subsidiary none of the members of which is a person other than that public body or a nominee of that public body; or

a nominee of a subsidiary mentioned in paragraph (c),and “subsidiary” has the meaning given by the Companies Act 1967.

in a relevant matter relating to the public body; or

in a relevant matter that may in future relate to the public body,that is disclosed in accordance with section 25 is a standing disclosure of that interest for the purposes of this section.

in the case of the chairperson —

to the chief executive and all other members of the public body; and

to the responsible Minister for the public body; or

in the case of any other member —

to the chairperson of the public body;

if there is no chairperson or the chairperson is interested, to a deputy chairperson of the public body; or

if there is neither a chairperson nor deputy chairperson or if the chairperson and every deputy chairperson are interested, to the responsible Minister for the public body.

the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or

the nature and extent of the interest (if the monetary value cannot be quantified).

is recorded in a register of interests kept by the public body; and

is brought to the attention of the member presiding at a meeting of the public body that relates to the relevant matter.

a member failed to disclose his or her interest in a relevant matter (within the meaning of this Division); or

the public body failed to give notice under this section.

to advise the public body on any matters relating to the public body’s functions that are referred to the committee by the public body; or

to perform or exercise any of the public body’s functions that are delegated to the committee.

the reference in those sections to a relevant matter is a reference to a relevant matter (within the meaning of section 23) regulated or managed by the committee;

the reference in those sections to a member of the public body is a reference to a committee member;

the reference in section 25 to disclosing details of an interest in a relevant matter to the responsible Minister for the public body is a reference to disclosing those details to the public body;

the reference in section 26 to a discussion, decision, activity or meeting of the public body is a reference to a discussion, decision, activity or meeting of the committee;

the reference in section 27 to the public body reporting to the responsible Minister is a reference to the committee reporting to the public body.

by a quorum of the members, being assembled together at the time and place appointed for the meeting; or

by means of audio, audio and visual, or electronic communication, provided that —

the public body resolves that the meeting, or that all its meetings, may be held by such means;

all of the members who wish to participate at the meeting have access to the technology needed to participate in the meeting; and

a quorum of members can simultaneously communicate with each other throughout the meeting.

a public body resolves that this section applies to any particular matter or all its matters;

all of the members of the public body for the time being are sent (whether by post, delivery or electronic communication) a document setting out a resolution about the matter or matters; and

a majority of those members who are entitled to vote on the matter sign or approve in writing a document containing a statement that they are in favour of a resolution in the terms set out in the document,a resolution in those terms is taken to be passed at a meeting of the public body as if it were held on the day that the last member required for the majority signs or approves the document.

does not affect or prevent the performance of any function by the public body; and

is not affected by any change in the membership of the public body or of any committee, or by any change in the chief executive or employee of the public body.

every Group 1 public body to the extent provided in this Part;

every Group 2 public body; and

every Group 3B public body.

any power of the President under the Constitution in relation to any annual estimates or supplementary estimates of a Group 1 public body which is specified in the Fifth Schedule to the Constitution;

any power of the responsible Minister for a public body under the constitutional Act of the public body to approve any annual estimates or supplementary estimates of a public body or any part of those estimates; or

any specific requirement in or under a constitutional Act of a public body that delimits the time by, or form in, which —

the annual estimates or supplementary estimates of the public body must be prepared or given to a responsible Minister of the public body;

the annual financial statements must be prepared for audit; or

the audited financial statements must be sent to the responsible Minister.

the Auditor-General; or

another auditor appointed annually by the responsible Minister for the public body in consultation with the Auditor‑General.

to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the public body;

to make copies of or take extracts from any of those accounting and other records; and

to require any person to furnish the auditor or authorised person with any information in the possession of that person, or to which that person has access, that the auditor or authorised person considers necessary for the purposes of the auditor’s functions under this Act.

who, without any reasonable cause, fails to comply with any requirement of the auditor of the public body or an authorised person under subsection (2); or

who otherwise hinders, obstructs or delays the auditor or the authorised person in the performance of his or her functions or the exercise of his or her powers,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

whether the financial statements show fairly the financial transactions and the state of affairs of the public body;

whether proper accounting and other records have been kept, including records of all assets of the public body whether purchased, donated or otherwise;

whether the receipts, expenditure, investment of moneys, and the acquisition and disposal of assets, by the public body during the financial year have been in accordance with this Act, the constitutional Act of the public body and the requirements of any other written law applicable to moneys of or managed by the public body; and

any other matters arising from the audit that the auditor considers should be reported.

prescribe the procedure for a public body to obtain the concurrence of the Public Service Commission for any appointment or promotion of, or a disciplinary penalty to be imposed on, a chief executive of a public body;

make different provisions for different public bodies or different purposes; and

prescribe anything required or allowed to be prescribed for the purposes of this Act.