Casino Control (Problem Gambling — Exclusion Orders and Visit Limits) Rules 2008

The Council may, if it thinks fit, transact any business, including considering any appeal or application, by the circulation of papers among all of the members of the Council.

A resolution or decision in writing, approved in writing, by a simple majority of the members of the Council for the time being entitled to take part in the decision in respect thereof shall be taken to be a decision of the Council and shall be as valid and effectual as if it had been made at a meeting of the Council duly convened and held.

Separate copies of a resolution may be distributed for signing by the members of the Council if the wording of the resolution and approval is identical in each copy.

The resolution of the Council shall be approved when the last member thereof required for the majority signs.

Papers may be circulated among members of the Council for the purposes of this rule by facsimile or electronic transmission of the information in the papers concerned or by such other method as the Council may determine.

An application —

To withdraw an application referred to in paragraph (1), the person making the application must notify in writing the secretary and every other party to the matter to which the application relates.

Where a Committee is constituted to hear and determine an application under section 158 of the Act, a hearing date shall be fixed within 28 days after the date of the application and, unless adjourned, the proceedings shall be conducted in the following manner:

A Committee may from time to time, without requiring the attendance of any party, adjourn a hearing to a later date if the Committee is satisfied that the summons to the respondent to attend the hearing has not been served or that there is other adequate reason for the adjournment.

The date fixed for an adjourned hearing must be within 28 days after the date on which the adjournment is ordered unless the Committee is satisfied that —

If a hearing is adjourned, the Committee at the adjourned hearing need not comprise the same members as the Committee which ordered the adjournment.

The record of the proceedings of a Committee shall include —

The record of proceedings shall be signed by the chairman of the Committee and all the other members of the Committee.

A summary of the record of proceedings (including the decision reached by the Committee and the reasons for its decision) must be submitted to the Council.

An application to set aside a family exclusion order or a family visit limit under section 165C(3) of the Act may be made by the respondent in such form as the Council may determine, not later than 30 days after the respondent is notified of the family exclusion order or family visit limit made against him in his absence.

The respondent must make the application under paragraph (1) —

Every application under paragraph (1) shall set out the grounds of the application in a clear and concise manner, and may be accompanied by —

Upon the submission of any application under paragraph (1) in respect of a family exclusion order or a family visit limit, any application for the variation or revocation of that family exclusion order or family visit limit made under regulation 9 shall be stayed pending the determination of the application under paragraph (1).

The Committee, in any proceedings to set aside the family exclusion order or family visit limit, may exercise the powers under section 158(4) of the Act in the same manner as if the proceedings were for a determination of a family exclusion order or a family visit limit under that section.

An application for the variation or revocation of a family exclusion order or a family visit limit may be made by a family member for whose benefit that order or visit limit was made or by the excluded person or visit limited person who is subject to the family exclusion order or family visit limit to be varied or revoked to the Council under section 166(1)(a) of the Act in such form as the Council may determine.

An application under paragraph (1) may not be made before a minimum period of 12 months has elapsed since the family exclusion order or family visit limit was made or last varied.

Every application under paragraph (1) shall set out the grounds of the application in a clear and concise manner, and may be accompanied by —

The Council may refuse to consider any application that fails to comply with this rule.

For the purposes of determining whether permission for an application for variation or revocation of a family exclusion order or a family visit limit is to be granted under section 166(2) of the Act, the Council may, in addition to considering the matters referred to in section 166(2A) of the Act, do all or any of the following: (a)appoint an officer of the Council to conduct an interview with the excluded person or visit limited person who is subject to that family exclusion order or family visit limit and any family member for whose benefit the order or visit limit was made, and to report his findings to the Council; (b)require the excluded person or visit limited person who is subject to that family exclusion order or family visit limit to participate in a programme of counselling, rehabilitation or special education;

The excluded person or visit limited person who is subject to a family exclusion order or a family visit limit, and his family members shall not be entitled to any copy of a report made under paragraph (1)(a).

Where permission has been granted for the application for variation or revocation of a family exclusion order or a family visit limit, the Council shall call for the record of proceedings and the grounds of decision relating to that family exclusion order or family visit limit.

Before making any decision on the application, the Council shall give a notice to —

The Council may, in the course of considering the application for variation or revocation —

After considering all the circumstances of the application, the Council may confirm, vary or revoke the family exclusion order or family visit limit.

Where a Committee intends to make an exclusion order or a third party visit limit against a person under section 165 of the Act, a notice shall be served on that person (referred to in this rule as the objector), allowing him an opportunity to submit to the Committee an objection to the proposed exclusion order or third party visit limit.

An objection under paragraph (1) must be submitted to the Committee by the objector —

Every objection under paragraph (1) shall set out the grounds of objection in a clear and concise manner and may be accompanied by any evidence in support of the objection, including —

An exclusion order or a third party visit limit under section 165 of the Act may be made by a Committee in the absence of the objector if the Committee is satisfied that the objector has been served with a notice to object and failed to respond by such date and time specified in the notice, or has indicated that he does not wish to respond, and the chairman of the Committee shall make a note of that fact in the record of proceedings.

A Committee may, from time to time, without requiring the attendance of any party, adjourn a hearing to a later date if the Committee is satisfied that the notice to object has not been served on the objector or that there is any other adequate reason for the adjournment.

The date fixed for any adjourned hearing must be no later than 14 days after the date on which the adjournment is ordered unless the Committee is satisfied that —

If a hearing is adjourned, the Committee at the adjourned hearing need not comprise the same members as the Committee which ordered the adjournment.

An objection to a proposed exclusion order or a third party visit limit may be withdrawn by the person who made the objection at any time before the objection is decided.

To withdraw an objection referred to in paragraph (8), the person submitting the objection must notify in writing the secretary and every other party to the matter to which the objection relates.

A person who —

To withdraw an application or appeal referred to in paragraph (1), the person making the application or appeal must notify in writing the secretary and every other party to the matter to which the application or appeal relates.

An application to set aside an exclusion order or a third party visit limit under section 165C(3) of the Act may be made by the respondent in such form as the Council may determine, not later than 7 days after the respondent is notified of the exclusion order or third party visit limit made against him in his absence.

The respondent must make the application under paragraph (1) —

Every application under paragraph (1) shall set out the grounds of the application in a clear and concise manner, and may be accompanied by —

Upon the submission of any application under paragraph (1) in respect of an exclusion order or a third party visit limit, any appeal against that exclusion order or third party visit limit under regulation 13 or application for the variation or revocation of the exclusion order or third party visit limit made under regulation 17 shall be stayed pending the determination of the application under paragraph (1).

The Committee, in any proceedings to set aside the exclusion order or third party visit limit, may exercise the powers under section 165(2A) of the Act in the same manner as if the proceedings were for a determination of an exclusion order or a third party visit limit under that section.

In determining an application to set aside an exclusion order or a third party visit limit, the Committee shall have regard to and consider the evidence of —

A Committee may, from time to time, without requiring the attendance of any party, adjourn a hearing to a later date if the Committee is satisfied that the summons to the respondent to attend the hearing has not been served or that there is any other adequate reason for the adjournment.

The date fixed for an adjourned hearing must be within 7 days of the date on which the adjournment is ordered unless the Committee is satisfied that —

If a hearing is adjourned, the Committee at the adjourned hearing need not comprise the same members as the Committee which ordered the adjournment.

An appeal against an exclusion order or a third party visit limit may be made by the excluded person or visit limited person who is subject to the exclusion order or third party visit limit to the Council under section 165(6) of the Act by a notice of appeal in such form as the Council may determine, within 30 days after being notified of the decision of the Committee.

Every notice of appeal shall set out the grounds of the appeal in a clear and concise manner and may be accompanied by —

The Council may refuse to consider any appeal that fails to comply with this rule.

An appeal shall not suspend the effect of an exclusion order or a third party visit limit.

On receipt of a notice of appeal relating to an exclusion order or a third party visit limit, the Council shall review the exclusion order or third party visit limit as soon as practicable.

The Council may, in the course of considering the appeal —

An appellant cannot raise or rely on any ground of appeal, which is not stated in the notice of appeal, during the consideration of the appeal unless that person has permission from the Council to amend his notice of appeal to include that ground.

After considering all the circumstances, the Council may confirm, vary or revoke the exclusion order or third party visit limit appealed against.

An application for the variation or revocation of an exclusion order or a third party visit limit may be made by the excluded person or visit limited person who is subject to the exclusion order or third party visit limit, to the Council under section 166(1)(b) of the Act in such form as the Council may determine.

An application under paragraph (1) may not be made ––

Every application under paragraph (1) shall set out the grounds of the application in a clear and concise manner, and may be accompanied by any document in support of it, including —

The Council may refuse to consider any application that fails to comply with this rule.

For the purposes of determining whether permission for an application for variation or revocation of an exclusion order or a third party visit limit is to be granted under section 166(2) of the Act, the Council may, in addition to considering the matters referred to in section 166(2A) of the Act, do one or both of the following: (a)appoint an officer of the Council to conduct an interview with the excluded person or visit limited person who is subject to the exclusion order or third party visit limit to be varied or revoked, and to report his findings to the Council; (b)require the excluded person or visit limited person who is subject to the exclusion order or third party visit limit to be varied or revoked to participate in a programme of counselling, rehabilitation or special education.

The excluded person or visit limited person who is subject to the exclusion order or third party visit limit to be varied or revoked shall not be entitled to the report of the officer made under paragraph (1)(a).

Where permission has been granted for the application for variation or revocation of an exclusion order or a third party visit limit, the Council may, in the course of considering the application for variation or revocation —

After considering all the circumstances, the Council may confirm, vary or revoke the exclusion order or third party visit limit.

An application for self-exclusion under section 165A(1)(c) of the Act or a voluntary visit limit under section 165B(1) of the Act may be made using the appropriate form set out on the Council’s Internet website http://www.ncpg.org.sg for this purpose or the form provided by the Council and obtainable from its office during such hours as the office is open for business or at such other locations as the Council may determine.

An application for self-exclusion under section 165A(1)(c) of the Act or a voluntary visit limit under section 165B(1) of the Act must be made —