Establishment of Compensation Board
26. —(1) For the purposes of this Act, there is established a Compensation Board consisting of a president and such number of members, not fewer than 2, as the Minister may think fit. (2) The president and every member of the Compensation Board must be appointed by the Minister and upon appointment the names of the president and every member of the Board must be published in the Gazette . (3) The president must possess the qualifications required for a District Judge under section 9(3) of the State Courts Act 1970 or be a District Judge appointed under section 9(1) of that Act, and must preside at all sessions of the Compensation Board. [5/2014] (4) Three members of the Compensation Board of whom the president is one, form a quorum, and the opinion of the majority of the Board present is decisive upon any matter, except that in the case of an equality the president decides which opinion prevails. (5) Every member of the Compensation Board, except where his or her appointment is revoked by the Minister under subsection (6) or he or she resigns during the period of his or her appointment, holds office for a period of 3 years or for such shorter period as the Minister may, in any case, determine but is eligible for re‑appointment. (6) The Minister may at any time revoke the appointment of a member of the Compensation Board. (7) Where a person ceases to be a member of the Compensation Board, the Minister must, as soon as is reasonably practicable, take steps to fill the vacancy but the existence of any vacancy in the Board does not invalidate the acts of the Board. (8) Every member of the Compensation Board when and so long as serving on the Board is deemed to be a public servant within the meaning of the Penal Code 1871 and the proceedings of the Board are deemed to be judicial proceedings. (9) There must be paid to the members of the Compensation Board such salaries, fees and allowances as the Minister may determine. (10) Any interested party may be represented before the Compensation Board — ( a ) by an advocate and solicitor of the Supreme Court; ( b ) subject to the provisions of the Legal Aid and Advice Act 1995, by the Director of Legal Aid or any of his or her officers; or ( c ) in any particular case in which the Board may at the request of that party and for good reason permit, by an agent acting without fee, gain, reward or any expectation thereof as that party may appoint. (11) Every summons and notice issued under the hand of the president is deemed to be issued by the Compensation Board. (12) The Minister may appoint a secretary of the Compensation Board and such other officers and employees of the Board as may be necessary.
—(1) For the purposes of this Act, there is established a Compensation Board consisting of a president and such number of members, not fewer than 2, as the Minister may think fit.
(2) The president and every member of the Compensation Board must be appointed by the Minister and upon appointment the names of the president and every member of the Board must be published in the Gazette .
(3) The president must possess the qualifications required for a District Judge under section 9(3) of the State Courts Act 1970 or be a District Judge appointed under section 9(1) of that Act, and must preside at all sessions of the Compensation Board. [5/2014]
(4) Three members of the Compensation Board of whom the president is one, form a quorum, and the opinion of the majority of the Board present is decisive upon any matter, except that in the case of an equality the president decides which opinion prevails.
(5) Every member of the Compensation Board, except where his or her appointment is revoked by the Minister under subsection (6) or he or she resigns during the period of his or her appointment, holds office for a period of 3 years or for such shorter period as the Minister may, in any case, determine but is eligible for re‑appointment.
(6) The Minister may at any time revoke the appointment of a member of the Compensation Board.
(7) Where a person ceases to be a member of the Compensation Board, the Minister must, as soon as is reasonably practicable, take steps to fill the vacancy but the existence of any vacancy in the Board does not invalidate the acts of the Board.
(8) Every member of the Compensation Board when and so long as serving on the Board is deemed to be a public servant within the meaning of the Penal Code 1871 and the proceedings of the Board are deemed to be judicial proceedings.
(9) There must be paid to the members of the Compensation Board such salaries, fees and allowances as the Minister may determine.
(10) Any interested party may be represented before the Compensation Board — ( a ) by an advocate and solicitor of the Supreme Court; ( b ) subject to the provisions of the Legal Aid and Advice Act 1995, by the Director of Legal Aid or any of his or her officers; or ( c ) in any particular case in which the Board may at the request of that party and for good reason permit, by an agent acting without fee, gain, reward or any expectation thereof as that party may appoint.
(11) Every summons and notice issued under the hand of the president is deemed to be issued by the Compensation Board.
(12) The Minister may appoint a secretary of the Compensation Board and such other officers and employees of the Board as may be necessary.
Compensation Board to hear and determine claims
27. —(1) The Compensation Board has jurisdiction to hear and determine in accordance with this Act — ( a ) all claims for compensation which the Authority or the claimant may refer to it under section 23(6); and ( b ) applications provided for by section 22(2). (2) The Compensation Board also has jurisdiction to award compensation or any part of it to a claimant if at the time of the award the Board has no notice or intimation of any dispute as to the claimant’s entitlement. (3) However, the making of any award under subsection (2) does not affect the entitlement to receive compensation under this Act of any other person who may later be held by a court of competent jurisdiction to have a better title to the compensation or any other part of the compensation other than the person to whom it was awarded.
—(1) The Compensation Board has jurisdiction to hear and determine in accordance with this Act — ( a ) all claims for compensation which the Authority or the claimant may refer to it under section 23(6); and ( b ) applications provided for by section 22(2).
(2) The Compensation Board also has jurisdiction to award compensation or any part of it to a claimant if at the time of the award the Board has no notice or intimation of any dispute as to the claimant’s entitlement.
(3) However, the making of any award under subsection (2) does not affect the entitlement to receive compensation under this Act of any other person who may later be held by a court of competent jurisdiction to have a better title to the compensation or any other part of the compensation other than the person to whom it was awarded.
Power of Compensation Board to examine witness on oath, etc.
28. The Compensation Board has powers to examine any witness on oath, to summon any person to appear before it and to require any interested party or witness to produce any relevant document which the Board may require.
Review of awards of Compensation Board
29. —(1) An award of compensation of the Compensation Board may be reviewed, varied or set aside by the Board in any of the following circumstances: ( a ) where an award of compensation was made in consequence of any fraud, misrepresentation or mistake; ( b ) where fresh evidence of a material nature which could not by the exercise of reasonable diligence have been produced when an award of compensation was made is available; ( c ) where an award of compensation was made in the absence of any necessary or proper party whose absence was not due to any default or neglect on the party’s part; ( d ) where in the opinion of the Board some substantial wrong or miscarriage of justice is occasioned by an award of compensation. (2) An award must not be reviewed, varied or set aside by the Compensation Board under subsection (1) unless a party aggrieved by the award applies to the Board not later than 2 years from the date of the award.
—(1) An award of compensation of the Compensation Board may be reviewed, varied or set aside by the Board in any of the following circumstances: ( a ) where an award of compensation was made in consequence of any fraud, misrepresentation or mistake; ( b ) where fresh evidence of a material nature which could not by the exercise of reasonable diligence have been produced when an award of compensation was made is available; ( c ) where an award of compensation was made in the absence of any necessary or proper party whose absence was not due to any default or neglect on the party’s part; ( d ) where in the opinion of the Board some substantial wrong or miscarriage of justice is occasioned by an award of compensation.
(2) An award must not be reviewed, varied or set aside by the Compensation Board under subsection (1) unless a party aggrieved by the award applies to the Board not later than 2 years from the date of the award.
Power of Compensation Board to state special case for decision of General Division of High Court
30. —(1) The Compensation Board may, at any stage of an application or proceeding before it, reserve for the consideration of the General Division of the High Court any question of law arising in the application or proceeding in the form of a special case which must be — ( a ) drawn up by the president and must set out shortly the facts on which the law is to be applied and the question or questions of law to be determined; ( b ) sent by the president to the Registrar of the Supreme Court; and ( c ) set down for argument in such manner as the General Division of the High Court directs. [40/2019] (2) The General Division of the High Court is to hear and determine any question of law arising on the special case and thereupon remit the matter to the president with the opinion of the General Division of the High Court on the question and that opinion is binding on the Compensation Board. [40/2019] (3) The costs of the proceeding in the General Division of the High Court are in the discretion of the General Division of the High Court and may be dealt with by the order of the General Division of the High Court, except that no member of the Compensation Board shall be personally liable to any costs in respect of the proceedings. [40/2019] (4) Nothing in this section prevents the Compensation Board from determining any question of law arising in the application or proceeding before it.
—(1) The Compensation Board may, at any stage of an application or proceeding before it, reserve for the consideration of the General Division of the High Court any question of law arising in the application or proceeding in the form of a special case which must be — ( a ) drawn up by the president and must set out shortly the facts on which the law is to be applied and the question or questions of law to be determined; ( b ) sent by the president to the Registrar of the Supreme Court; and ( c ) set down for argument in such manner as the General Division of the High Court directs. [40/2019]
(2) The General Division of the High Court is to hear and determine any question of law arising on the special case and thereupon remit the matter to the president with the opinion of the General Division of the High Court on the question and that opinion is binding on the Compensation Board. [40/2019]
(3) The costs of the proceeding in the General Division of the High Court are in the discretion of the General Division of the High Court and may be dealt with by the order of the General Division of the High Court, except that no member of the Compensation Board shall be personally liable to any costs in respect of the proceedings. [40/2019]
(4) Nothing in this section prevents the Compensation Board from determining any question of law arising in the application or proceeding before it.
General Division of High Court may call for proceedings of Compensation Board
31. —(1) The General Division of the High Court, either on its own motion or on the application within 14 days of any party aggrieved by a decision of the Compensation Board on the ground that it is wrong in law, may call for the proceedings and the grounds of the award and give such order thereon, either by directing a fresh hearing or otherwise, as seems necessary to secure that substantial justice is done. [40/2019] (2) The powers of review conferred upon the General Division of the High Court in this section do not extend to a decision of the Compensation Board as to the quantum of compensation awarded or apportioned under section 27. [40/2019] (3) There is no further right of appeal from the decision of the General Division of the High Court under this section and under section 30. [40/2019]
—(1) The General Division of the High Court, either on its own motion or on the application within 14 days of any party aggrieved by a decision of the Compensation Board on the ground that it is wrong in law, may call for the proceedings and the grounds of the award and give such order thereon, either by directing a fresh hearing or otherwise, as seems necessary to secure that substantial justice is done. [40/2019]
(2) The powers of review conferred upon the General Division of the High Court in this section do not extend to a decision of the Compensation Board as to the quantum of compensation awarded or apportioned under section 27. [40/2019]
(3) There is no further right of appeal from the decision of the General Division of the High Court under this section and under section 30. [40/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
