Women’s Charter 1961 · 2020 Revised Edition · Part 9 · Enforcement of Maintenance Orders
86. Powers of MEO and court to direct, require or order provision of information, etc.
Feedback & supportLast amended by an amending law of 2023.
Subject to subsection (5), an MEO may, in relation to a referred application —
MEO
“maintenance enforcement officer” or “MEO” means an individual appointed under section 77(1), and includes the chief maintenance enforcement officer or “Chief MEO”;
direct the applicant or respondent to provide the MEO with any information; or
for the purpose of obtaining information from the applicant or respondent, direct the applicant or respondent (as the case may be) to attend an interview with the MEO.
The court may, on its own motion or at the request of an MEO in relation to a referred application, order the applicant or respondent to provide the MEO with any information in the possession, custody or power of the applicant or respondent (as the case may be) that the court considers relevant to the referred application.
referred application
“referred application” means a maintenance enforcement application referred by the court to an MEO under section 84(1);
Subject to subsection (6), an MEO may, in relation to a referred application, request the court to order a bank to provide the MEO with any information if such conditions as may be prescribed by the regulations in relation to the bank are met.
Subject to subsections (5) and (6), where an MEO requires any information from a third party in relation to a referred application, the MEO may —
where the third party is a prescribed third party and the conditions prescribed by the regulations in relation to the prescribed third party (if any) are met — direct that prescribed third party to provide the MEO with the information;
where the third party is a prescribed third party, and —
the information is made available to the MEO by the prescribed third party on a prescribed data‑sharing platform; and
the conditions prescribed by the regulations in relation to the prescribed third party (if any) are met,obtain the information from the prescribed data‑sharing platform; or
request the court for an order that the third party provide the MEO with the information.
The MEO must not —
direct the provision of any information under subsection (1)(a);
obtain any information from the applicant or respondent at an interview under subsection (1)(b);
request for an order under subsection (3) or (4)(c) for the provision of any information; or
direct the provision of, or obtain, any information under subsection (4)(a) or (b) by or from a prescribed third party,unless the MEO has reasonable grounds to believe that the information is relevant to the referred application.
The MEO must not —
request for an order under subsection (3) for the provision of any information; or
direct the provision of, or obtain, any information under subsection (4)(a) or (b) by or from a prescribed third party,unless the information belongs to a category of information that is prescribed by the regulations in relation to the bank or prescribed third party, as the case may be.
The court must not make an order under subsection (3) or (4)(c) for the provision of any information unless the court is satisfied that the MEO who made the request has reasonable grounds to believe that the information is relevant to the referred application.
Any person directed or ordered to provide information to an MEO under subsection (1)(a), (2), (3) or (4)(a) or (c) must do so in the manner and within the time specified by the MEO or the court, as the case may be.
This section applies —
despite any other written law; and
whether or not any person accessing, using or disclosing information under this section is under any obligation (imposed by any written law or otherwise) not to access, use or disclose the information.
This section does not affect the exercise of any right or authority under any other written law or rule of law to access, use or disclose confidential information.
In this section —
“bank” has the meaning given by section 2(1) of the Banking Act 1970;
“prescribed data‑sharing platform” means any information system, on which information is made available by one or more prescribed third parties, that may be prescribed by the regulations;
“prescribed third party” means any third party prescribed by the regulations;
“third party”, in relation to a referred application, means a person other than the applicant and respondent, but excludes a bank.
applicant
“applicant” means a person who makes a maintenance enforcement application;