Foreign Employee Dormitories (Appeals) Regulations 2017

The Minister may appoint one or more public officers to perform the functions of an Appeals Secretary for the purposes of these Regulations.

An Appeals Secretary is to provide administrative and secretarial support to the Minister in relation to every appeal under section 22 of the Act.

An Appeals Secretary must act in accordance with any instructions that may be given by the Minister from time to time and is, in particular, responsible for —

An appeal to the Minister must be made by lodging a notice of appeal in accordance with regulation 6.

A notice of appeal must be lodged within a period of 14 days after the appellant is notified of the decision.

The Minister may, on the application of the appellant, allow an extension of the period delimited under paragraph (2) for the lodgment of the notice of appeal.

On receiving the notice of appeal, an Appeals Secretary must forward a copy of the notice of appeal to the Minister.

Every notice of appeal —

Unless the Minister otherwise directs, the appellant must lodge the duly signed original of the notice of appeal and its accompanying documents with the Minister.

The Minister may, after giving the parties to an appeal an opportunity to be heard, at any stage in the appeal proceedings and without calling for a defence from the Commissioner, determine the appeal by confirming the appealable decision of the Commissioner if —

Where the Minister determines an appeal under paragraph (1), the Minister may make any consequential order that the Minister considers appropriate.

The appellant may, with the permission of the Minister, amend the appellant’s notice of appeal.

Where the Minister grants permission under paragraph (1), the Minister may do so on such terms or conditions as he or she thinks fit to impose, and the Minister must give such further or consequential directions as is necessary.

No permission to amend a notice of appeal in order to add a new ground of appeal may be granted unless the Minister is satisfied that —

An appellant may, at any time before the Minister makes his or her decision on the appellant’s appeal, withdraw the appellant’s appeal by lodging a notice of withdrawal of the appeal with the Minister.

An Appeals Secretary must, as soon as practicable, notify the Commissioner of any appeal that is withdrawn under paragraph (1).

A period expressed in days or months after or from the happening of an event or the doing of any act or thing excludes the day on which the event happens or the act or thing is done.

A period expressed in months ends with the expiry of whichever day in the last month is the same day of the month as the day on which the event or the act or thing after or from which the period is to be calculated happens or is done.

If, in a period expressed in months, the day on which it should expire does not occur in the last month, the period ends with the expiry of the last day of that month.

Where the time specified by the Minister or these Regulations for doing any act expires on a Saturday, Sunday or public holiday, the act is in time if done on the next following working day.

Any irregularity resulting from a failure to comply with any provision of these Regulations before the Minister has reached his or her decision does not of itself render the proceedings void.

Where any such irregularity comes to the attention of the Minister, the Minister may give any directions that he or she thinks just to cure or waive the irregularity before reaching his or her decision if the Minister considers that any person may have been prejudiced by the irregularity.