Regulation 1
Citation
These Directions may be cited as the Public Service Commission (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions.
/akn/sg/act/sub_leg/1963/CONS-DIRN2
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Public Service Commission (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions is Singapore Subsidiary Legislation, cited as Subsidiary Legislation CONS-DIRN2 1963, currently marked in force and first recorded in 1963.
Citation
These Directions may be cited as the Public Service Commission (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions.
Definitions
In these Directions, unless the context otherwise requires —“Commission” means the Public Service Commission;[Deleted by S 688/2017 wef 01/12/2017]“Commissioner” means the Commissioner of Prisons appointed under section 20 of the Prisons Act 1933;“inmate” has the same meaning as in the Misuse of Drugs Act 1973;“prison officer” means an officer of any grade in the rank of Chief Warder and below serving in the Prisons Department, whether such officer is holding a permanent, temporary or contract appointment;“prisoner” has the same meaning as in the Prisons Act 1933;“Superintendent” means a Superintendent of Prisons appointed under section 20 of the Prisons Act 1933.
“Commissioner” means the Commissioner of Prisons appointed under section 20 of the Prisons Act 1933;
“inmate” has the same meaning as in the Misuse of Drugs Act 1973;
“prison officer” means an officer of any grade in the rank of Chief Warder and below serving in the Prisons Department, whether such officer is holding a permanent, temporary or contract appointment;
“prisoner” has the same meaning as in the Prisons Act 1933;
“Superintendent” means a Superintendent of Prisons appointed under section 20 of the Prisons Act 1933.
Delegation to Commissioner
The functions of the Commission in relation to the disciplinary control of a prison officer may be exercised by the Commissioner.
In exercising those functions, the Commissioner must act in accordance with these Directions.
Procedure when complaint is lodged
When a complaint is lodged against a prison officer alleging the commission by him of any of the offences referred to in the Schedule, the following procedure shall be adopted:
the complaint shall be communicated in writing to the prison officer who may be required to submit a written explanation within 24 hours or such further time as the Commissioner may allow; and
where the Commissioner is of the opinion that the complaint requires further investigation, he shall appoint a public officer of substantive grade equivalent to MX13 and above to conduct an investigation.
Penalties
The Commissioner may upon a consideration of the written explanation of the prison officer or the results of such investigation, if any, if he is of the opinion that the prison officer has committed an offence, impose one of the following penalties:
a reprimand;
stoppage of increment;
a fine.
The Commissioner may, either in addition to or in lieu of the above penalties, issue the prison officer with a written warning.
The Commissioner must cause notice to be given to the prison officer of —
the Commissioner’s decision to impose a penalty under direction 5(1);
the Commissioner’s decision to issue a written warning under direction 5(2); or
the Commissioner’s opinion that the prison officer is not guilty of misconduct,as the case may be.
Commission may set aside Commissioner’s decision, etc.
Within 2 months after the prison officer is notified of the Commissioner’s decision under direction 5, the Commission may —
set aside the whole or any part of the Commissioner’s decision and substitute its own decision; or
set aside the whole of the Commissioner’s decision and start proceedings under the Public Service (Disciplinary Proceedings) Regulations 2023 (G.N. No. S 23/2023) against the prison officer.
However, the Commission must not enhance any penalty under paragraph (1)(a) unless the prison officer has been given a reasonable opportunity of being heard.
In this direction and direction 7, “decision under direction 5” means —
a decision to impose a penalty under direction 5(1);
a decision to issue a written warning under direction 5(2); or
an opinion that the prison officer is not guilty of misconduct.
Report by Commissioner
For the purposes of direction 6, the Commissioner must submit a report to the Commission containing —
a summary of the facts; and
the Commissioner’s decision under direction 5.
The report must be submitted within 7 days after the prison officer is notified of the Commissioner’s decision under direction 5.
Recommendation for more severe penalty
Where the Commissioner considers that a more severe penalty than is otherwise provided for under these Directions should be imposed, he shall submit a recommendation to the Commission, forwarding with it a report containing a summary of the facts of the case.
Delegation to Chairman and Deputy Chairmen
The functions of the Commission under direction 6 may be exercised by —
the Chairman of the Commission; or
in a case where the Chairman is unable to act for any reason — a Deputy Chairman of the Commission.
Commission may exercise delegated functions
The Commission may still exercise any function delegated by these Directions.
Saving
Nothing in these Directions shall be deemed to prevent the prosecution of a prison officer in accordance with the provisions of any written law for the time being in force or to prevent any disciplinary action being taken against him under any other disciplinary regulations as may be in force except that such prison officer shall not be punished twice in respect of the same disciplinary offence.