Codes of practice
Open ↗41.—(1) The Minister may issue one or more codes of practice —(a)
for the guidance of persons assessing whether a person has capacity in relation to any matter;
(b)
for the guidance of persons acting in connection with the care or treatment of another person;
(c)
for the guidance of donees of lasting powers of attorney;
(d)
for the guidance of deputies appointed by the court; and
(e)
with respect to such other matters concerned with this Act as the Minister thinks fit.
(2) The Minister may publish any such code of practice, including any revocation, variation, revision or amendment thereto in such manner as the Minister thinks fit.
(3) The Minister may revoke, vary, revise or amend the whole or any part of any code of practice issued under this section in such manner as the Minister thinks fit.
(4) The Minister may delegate any power under this section so far as he or she considers expedient.
(5) It is the duty of a person to have regard to any relevant code if the person is acting in relation to a person who lacks capacity and is doing so in one or more of the following ways:(a)
as the donee of a lasting power of attorney;
(b)
as a deputy appointed by the court;
(c)
in a professional capacity;
(d)
for remuneration.
(6) If it appears to a court conducting any civil or criminal proceedings that —(a)
a provision of a code of practice; or
(b)
a failure to comply with a code of practice,
is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question.
(7) To avoid doubt, any code of practice issued under this section is deemed not to be subsidiary legislation.
Ill-treatment
Open ↗42.—(1) Subsection (2) applies if a person (“D”) —(a)
has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity;
(b)
is the donee of a lasting power of attorney created by P; or
(c)
is a deputy appointed by the court for P,
and P is 16 years of age or above.
(2) D shall be guilty of an offence if D ill-treats or causes, procures or knowingly permits P to be ill-treated by any other person.
(3) For the purposes of this section, D ill-treats P if D —(a)
subjects P to physical or sexual abuse;
(b)
wilfully or unreasonably does, or causes P to do, any act which endangers or is likely to endanger the safety of P or which causes or is likely to cause P —(i)
any unnecessary physical pain, suffering or injury;
(ii)
any emotional injury; or
(iii)
any injury to P’s health or development; or
(c)
wilfully or unreasonably neglects, abandons or exposes P with full intention of abandoning P or in circumstances that are likely to endanger the safety of P or to cause P —(i)
any unnecessary physical pain, suffering or injury;
(ii)
any emotional injury; or
(iii)
any injury to P’s health or development.
(4) For the purpose of subsection (3)(c), D is deemed to have neglected P in circumstances likely to cause P unnecessary physical pain, suffering or injury or emotional injury or injury to P’s health or development if D wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for P.
(5) D may be convicted of an offence under this section notwithstanding —(a)
that any actual suffering or injury on the part of P or the likelihood of any suffering or injury on the part of P was obviated by the action of another person; or
(b)
the death of P.
(6) Subject to subsection (7), any person who is guilty of an offence under this section shall be liable on conviction —(a)
in the case where death is caused to P, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 14 years or to both; and
(b)
in any other case, to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 8 years or to both.[15/2019]
(7) The court may, in lieu of or in addition to any punishment specified in subsection (6), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring the person to undergo such counselling, psychotherapy or other programme as may be specified therein.
(8) If a person who is ordered to execute a bond of good behaviour under subsection (7) fails to comply with any of the conditions of the bond, the person shall —(a)
if the bond is in lieu of a penalty under subsection (6), be liable to the penalty provided for in that subsection; or
(b)
if the bond is in addition to a penalty under subsection (6), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both.
(9) In this section, “court” means any court of competent jurisdiction.
Information relating to persons who lack capacity
Open ↗43.—(1) Any person who knows or has reason to suspect that a person who lacks capacity is in need of care or protection may make a notification to the Public Guardian of the facts and circumstances on which the person’s knowledge or suspicion is based.
(2) Any health care worker who makes a notification under subsection (1) —(a)
may not, by virtue of doing so, be held in any proceedings before any court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and
(b)
insofar as he or she has acted in good faith, shall incur no civil or criminal liability in respect of the notification or the provision of any information contained in the notification.
(3) In subsection (2), “health care worker” means any registered medical practitioner, dentist registered under the Dental Registration Act 1999, pharmacist registered under the Pharmacists Registration Act 2007, therapist, psychologist, social worker, counsellor, nurse, attendant or other person providing health care services.
(4) Any person appearing as a witness in any proceedings in any court or tribunal or before a person authorised by law to hear evidence may not be compelled —(a)
to disclose the identity of any person who has made a notification under subsection (1), or any information likely to lead to the disclosure of the identity of such a person; or
(b)
to produce any report or document which identifies, or is likely to identify, any person who has made a notification under subsection (1).
(5) In this section, “court” means any court of competent jurisdiction.
Notification of change of address
Open ↗43A.—(1) Subject to subsection (2), every donor and donee of a lasting power of attorney and every deputy appointed by the court must inform the Public Guardian in writing of —(a)
where the donor, donee or deputy is an individual — any change in the place of residence of the donor, donee or deputy, as the case may be; and
(b)
where the donee or deputy is a person other than an individual — any change in the registered business address of the donee or deputy, as the case may be.[10/2016]
(2) If a donor, donee or deputy changes his or her place of residence and reports the change under section 10 of the National Registration Act 1965, that donor, donee or deputy (as the case may be) is taken to have informed the Public Guardian of the change of that place of residence in accordance with subsection (1)(a).[10/2016]
(3) Where a person (“P”) lacks capacity, a donee of a lasting power of attorney created by P or a deputy appointed by the court for P, as the case may be, may on P’s behalf inform the Public Guardian in writing of any change in P’s place of residence.[10/2016]
General exemption
Open ↗43B. The Minister may, by order in the Gazette, exempt any person or class of persons from all or any provisions of this Act or the regulations, either generally or in a particular case and subject to such conditions as the Minister may impose.[10/2016]
Service of documents
Open ↗43C.—(1) A document that is permitted or required by this Act to be served by the Public Guardian on a person may be served as described in this section.
(2) This section does not apply to documents to be served in proceedings in court for an offence or any other matter under this Act.
(3) Subject to subsections (2), (6), (7), (8) and (9), a document may be served on an individual —(a)
by giving it to the individual personally;
(b)
by sending it by prepaid registered post or ordinary post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
(c)
by leaving it at the individual’s residential address with an adult person apparently residing there, or at the individual’s business address with an adult person apparently employed there;
(d)
by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;
(e)
by sending it by fax to the fax number given by the individual as the fax number for the service of documents under this Act;
(f)
by sending it by email to the individual’s email address; or
(g)
by sending it to the individual’s account with the electronic transaction system and notifying the individual of this fact by —(i)
email to the individual’s email address; or
(ii)
an electronic notice to the individual’s mobile telephone number via short message service.
(4) Subject to subsections (2), (6), (7), (8) and (9), a document may be served on a partnership (other than a limited liability partnership) —(a)
by giving it to any partner or other similar officer of the partnership;
(b)
by leaving it at, or by sending it by prepaid registered post or ordinary post to, the partnership’s business address;
(c)
by sending it by fax to the fax number used at the partnership’s business address;
(d)
by sending it by email to the partnership’s email address; or
(e)
by sending it to the partnership’s account with the electronic transaction system and notifying the partnership of this fact by —(i)
email to the partnership’s email address; or
(ii)
an electronic notice to the partnership’s mobile telephone number via short message service.
(5) Subject to subsections (2), (6), (7), (8) and (9), a document may be served on a body corporate (including a limited liability partnership) or an unincorporated association —(a)
by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by prepaid registered post or ordinary post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
(c)
by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
(d)
by sending it by email to the body corporate’s or unincorporated association’s email address; or
(e)
by sending it to the body corporate’s or unincorporated association’s account with the electronic transaction system and notifying the body corporate or unincorporated association of this fact by —(i)
email to the body corporate’s or unincorporated association’s email address; or
(ii)
an electronic notice to the body corporate’s or unincorporated association’s mobile telephone number via short message service.
(6) A document may only be served on a person by sending it to the person’s account with the electronic transaction system and notifying the person of this fact by an electronic notice to the person’s mobile telephone number via short message service under subsection (3)(g)(ii), (4)(e)(ii) or (5)(e)(ii) if the person has —(a)
given written consent to the Public Guardian to serve any document using that manner of service; and
(b)
provided the person’s mobile telephone number to the Public Guardian for this purpose.
(7) Where a person has given the person’s written consent to the Public Guardian under subsection (6)(a) and provided the person’s mobile telephone number to the Public Guardian under subsection (6)(b), and there is a change to the person’s mobile telephone number, the person must, as soon as practicable but not later than the prescribed period, give notice to the Public Guardian of such change in any manner and form that the Public Guardian requires.
(8) Each of the following notices may not be served by sending it to the person’s account with the electronic transaction system and notifying the person of this fact by an electronic notice to the person’s mobile telephone number via short message service under subsection (3)(g)(ii), (4)(e)(ii) or (5)(e)(ii):(a)
a notice under section 11(5)(b) or (c);
(b)
a notice under paragraph 5 of the First Schedule;
(c)
a notice of cancellation of registration of an instrument as a lasting power of attorney under paragraph 12(2) of the First Schedule;
(d)
a notice to inform a person of the Public Guardian’s refusal to register the person as a professional deputy under section 25A;
(e)
a notice of intention to cancel the registration of a professional deputy under section 25A(5);
(f)
a notice of intention to rectify a register under section 33A(2).
(9) The notices mentioned in subsection (8)(a) and (c) to (f) may not be served by ordinary post.
(10) Service of a document on a person under this section takes effect —(a)
if the document is sent by prepaid registered post — on the second day after the day the document was posted (even if it is returned undelivered);
(b)
if the document is sent by fax and a notification of successful transmission is received — on the day of the transmission;
(c)
if the document is sent by email — at the time that the email becomes capable of being retrieved by the person at the email address of the person; or
(d)
if the document is sent to the person’s account with the electronic transaction system — at the time when an electronic record of the document reaches the person’s account.
(11) In this section —“business address” means —(a)
in the case of an individual, the individual’s usual or last known place of business in Singapore; and
(b)
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
“email address” means the last email address given by the addressee concerned to the Public Guardian as the email address for the service of documents under this Act;
“mobile telephone number” means the last mobile telephone number given by the addressee concerned to the Public Guardian as the mobile telephone number for the service of an electronic notice under subsection (3)(g)(ii), (4)(e)(ii) or (5)(e)(ii);
“person”, in respect of which a document may be served, includes a partnership and an unincorporated association;
“residential address” means an individual’s usual or last known place of residence in Singapore.[Act 16 of 2021 wef 14/11/2022]
Jurisdiction of District Court
Open ↗44. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.
Amendment of Schedules
Open ↗45. The Minister may, by order in the Gazette, amend, add to or vary the First, Second or Third Schedule.
Regulations
Open ↗46.—(1) The Minister may make such regulations as may be necessary or expedient for carrying out the purposes and provisions of this Act and for prescribing anything that may be required or authorised to be prescribed by this Act.[10/2016]
(2) The regulations made under subsection (1) may, in particular —(a)
prescribe different classes of professional donees, and provide for matters relating to professional donees; [Act 16 of 2021 wef 14/11/2022]
(b)
provide for matters relating to professional deputies, including but not limited to their duties, the registration of professional deputies by the Public Guardian, applications for registration, exemptions from one or more criteria for registration and cancellation of registration;[10/2016]
[Act 16 of 2021 wef 14/11/2022]
(c)
prescribe the form and manner in which any prescribed notice is required to be given by any person to the Public Guardian, or to be given by a donor to a donee or vice versa; [Act 16 of 2021 wef 14/11/2022]
(d)
prescribe the persons who may be given access by the Public Guardian to view a lasting power of attorney on the electronic transaction system or obtain any information on any particular lasting power of attorney, and the requirements that must be satisfied before the Public Guardian may give such access or information, as the case may be; and[Act 16 of 2021 wef 14/11/2022]
(e)
contain such supplementary and incidental provisions as appear to the Minister to be appropriate for carrying out the purposes of Part 3A*.[*Updated to be consistent with the 2020 Revised Edition]
[Act 16 of 2021 wef 14/11/2022]
(3) For the purposes of subsection (2)(c), a different form and manner may be prescribed for any notice to be given to the Public Guardian or donor or donee under different circumstances.[Act 16 of 2021 wef 14/11/2022]
Savings and transitional provisions
Open ↗47. The provisions of the Third Schedule have effect with respect to transitional matters arising from the repeal of Part I of the Mental Disorders and Treatment Act (Cap. 178, 1985 Revised Edition).
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
