Civil Aviation Authority of Singapore (Staff Disciplinary Proceedings) Regulations

Civil Aviation Authority of Singapore Act

(CHAPTER 41, Section 42(2))

Civil Aviation Authority of Singapore
(Staff Disciplinary Proceedings) Regulations

Rg 1

G.N. No. S 255/1984

REVISED EDITION 1990

(25th March 1992)

[29th September 1984]

Citation

1.  These Regulations may be cited as the Civil Aviation Authority of Singapore (Staff Disciplinary Proceedings) Regulations.

Definitions

2.  In these Regulations, unless the context otherwise requires —

“Authority” includes the Staff Committee appointed by the Authority to exercise the powers of the Authority in relation to the termination of appointment, dismissal and disciplinary control of officers of the Authority;

“Committee” means the Committee of Inquiry appointed under regulation 4(3);

“officer” means any employee of the Authority other than a Division IV officer or a daily rated employee of the Authority.

Less serious conduct

3.—(1)  If it is represented to the Authority by the chief executive officer that an officer has been guilty of misconduct or neglect of duty and the Authority is of the opinion that the subject of the complaint is not serious enough to warrant proceedings under regulation 4 with a view to dismissal or reduction in rank, the Authority may cause an investigation to be made into the matter in such manner as it thinks fit, and the officer shall be informed in writing of the case against him and shall have a reasonable opportunity of replying thereto.

(2)  After considering the case made against the officer, his reply thereto and the results of the investigation, if any, the Authority may —

(a) if it is of the opinion that the allegation has been proved, impose a penalty such as stoppage or deferment of increment, fine or reprimand, or a combination of such penalties; or

(b) if it is of the opinion that the results of such investigation disclose grounds for so doing, require the officer to retire in the public interest without further proceedings under these Regulations, with or without a reduction in retirement benefits.

(3)  An officer required to retire under paragraph (2)(b) shall be given an opportunity to submit to the Authority a reply to the grounds upon which his retirement is contemplated.

Misconduct warranting reduction in rank or dismissal

4.—(1)  If it is represented to the Authority by the chief executive officer that an officer has been guilty of misconduct or neglect of duty and the Authority is of the opinion that the subject of the complaint warrants proceedings with a view to dismissal or reduction in rank, the Authority may cause proceedings to be taken under this regulation.

(2)  The officer shall be notified in writing by the chief executive officer of the grounds, which shall be reduced to the form of a definite charge or charges, upon which it is intended to dismiss him or to reduce his rank and he shall be given not less than 7 working days within which to exculpate himself in writing. The officer shall also be informed in writing of any other circumstances which it is proposed to take into consideration.

(3)  If the officer submits an exculpatory statement which is not satisfactory, the Authority shall appoint a Committee of Inquiry to inquire into the matter and to submit a report to the Authority.

(4)  The Committee in the performance of its functions shall not be deemed to be a judicial or quasi-judicial body.

(5)  (a)  The Committee shall consist of 3 members at least one of whom shall not be an officer of the Authority.

(b)  The members of the Committee shall be chosen from a panel of persons appointed by the Authority.

(c)  Every member of the panel shall normally be appointed for a period of 3 years and shall be eligible for reappointment at the expiry of the period of appointment.

(d)  Each member of the panel chosen to be a member of the Committee shall be notified of his appointment by the chief executive officer.

(6)  (a)  Where paragraph (3) applies, the officer shall be informed of the date on which the Committee will commence its inquiry and the officer shall attend such inquiry and shall be permitted —

(i) to cross-examine the witnesses;

(ii) to give evidence on his own behalf;

(iii) to have such witnesses as he may wish called on his behalf; and

(iv) to have access to information contained in any documents at a reasonable time before the documents are tendered in evidence.

(b)  The record of the proceedings of the Committee shall consist of the information obtained by the Committee and a report by the Committee. The information shall not ordinarily be set out in the form of question and answer but in the form of a narrative but the Committee may in its discretion record any particular question and answer.

(c)  At the inquiry, evidence on behalf of the Authority shall be presented by an officer of the Authority or an advocate and solicitor nominated by the chief executive officer. The officer under inquiry may be represented by an advocate and solicitor or by another officer of the Authority nominated by the officer.

(7)  The Committee shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act [Cap. 97] or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit.

(8)  The Committee shall proceed with its inquiry from day to day and no adjournment shall be given except for reasons to be recorded in writing. Every adjournment, with reasons therefor, shall be reported forthwith to the chief executive officer and the Authority. No adjournment shall be given for more than 14 days without the permission of the Authority.

(9)  The Committee may in its discretion conduct proceedings under these Regulations notwithstanding the absence of one of its members, and the validity of such proceedings shall not be challenged on this ground.

(10)  If the Committee is satisfied that the officer under inquiry is hampering or attempting to hamper the progress of the inquiry, it shall administer a warning to the officer. If after such warning the Committee is satisfied that the officer is acting in disregard of the warning, it shall make an entry in the record to that effect and shall proceed to complete the inquiry in such manner as it thinks fit.

(11)  The Committee shall, within 14 working days of the conclusion of the proceedings or such further time as the Authority may allow, submit its report to the Authority through the chief executive officer.

Authority to act on report of Committee

5.—(1)  Upon considering the report of the Committee, the Authority may —

(a) if it is of the opinion that the officer should be dismissed or reduced in rank, dismiss or reduce the rank of the officer from such date as it may think fit; or

(b) if it is of the opinion that some punishment other than dismissal or reduction in rank should be imposed —

(i) impose a penalty such as stoppage or deferment of increment, fine or reprimand or a combination of such penalties; or

(ii) require the officer to retire in the public interest without further proceedings under these Regulations, with or without a reduction in retirement benefits.

(2)  The Authority may, where it thinks fit, require the Committee to reconvene to consider further evidence and to meet for that purpose in which event the officer shall be given not less than 14 days’ notice of such further meeting of the Committee.

Failure to submit exculpatory statement

6.  Where the officer fails to furnish an exculpatory statement within the time prescribed under regulation 4(2), he shall be informed in writing by the chief executive officer that if he fails to furnish an exculpatory statement within 21 days from the date of first communication of the charges to him, the Authority may proceed to determine the matter in accordance with that regulation.

Authority may dispense with appointment of Committee

7.—(1)  The Authority may dispense with the appointment of a Committee under regulation 4(3) to inquire into the matter where the officer —

(a) admits the charge or charges or any one of them; or

(b) fails to furnish an exculpatory statement within the time prescribed by regulation 4(2) and such extended time as may be given under regulation 6.

(2)  In a case where paragraph (1) applies, the Authority may, after giving the officer a final opportunity of being heard, determine the matter in such manner as it thinks fit.

(3)  Without prejudice to paragraph (2) upon considering the facts of the case referred to in that paragraph, the Authority may —

(a) if it is of the opinion that the officer should be dismissed or reduced in rank, dismiss or reduce the rank of the officer from such date as it may think fit; or

(b) if it is of the opinion that some punishment other than dismissal or reduction in rank should be imposed —

(i) impose a penalty such as stoppage or deferment of increment, fine or reprimand or a combination of such penalties; or

(ii) require the officer to retire in the public interest without further proceedings under these Regulations, with or without a reduction in retirement benefits.

Dissolution of Committee of Inquiry

8.  The Committee shall only be dissolved upon a signification to that effect communicated to its members by the Authority.

Allowances

9.  The allowance payable to a member of the Committee who is not an officer of the Authority shall be $50 for each day on which the Committee is engaged in inquiring into the matter except that only half the amount of such allowance shall be payable where the Committee is engaged only in the morning or afternoon in inquiring into the matter.

Retirement in public interest

10.—(1)  Notwithstanding regulations 4, 5, 6 and 7, if the Authority considers that it is desirable in the public interest that an officer should be required to retire from the service on grounds which cannot be suitably dealt with by specific charges under these Regulations, it shall call for a full report from the chief executive officer.

(2)  The Authority shall give the officer an opportunity of submitting a reply to the complaints by reason of which his retirement is contemplated. If the Authority is satisfied, upon a consideration of the report and of the reply by the officer and having regard to the conditions of service, the usefulness of the officer and all the other circumstances of the case, that it is desirable in the public interest to do so, it may require the officer to retire in the public interest and the officer’s service shall accordingly be terminated on such date as the Authority shall specify.

(3)  In every case the question of pension, gratuity or other allowance shall be dealt with under the law for the time being in force.

Interdiction

11.—(1)  If in any case the Authority considers that the public interest requires an officer to cease to exercise the powers and functions of his office or be suspended from his work immediately, the Authority may interdict the officer from the exercise of the powers and functions of his office or suspend him from his work if criminal proceedings or proceedings for his dismissal or reduction in rank are being contemplated.

(2)  Subject to regulation 14(1), an officer who has been interdicted or suspended from his work may be allowed to receive such portion of the emoluments of his office for such period during the period of interdiction or suspension as the Authority shall think fit, or the Authority may order the withholding of his total emoluments.

(3)  If the proceedings against an officer do not result in the dismissal or other punishment of the officer, he shall be entitled to the full amount of the emoluments which he would have received had he not been interdicted or suspended.

(4)  If the punishment is other than dismissal, the officer may be refunded such portion of the emoluments withheld as a result of his interdiction or suspension, as the Authority shall think fit.

Criminal proceedings

12.  If criminal proceedings are instituted against an officer, proceedings for his dismissal upon any grounds involved in the criminal charge shall not be taken until —

(a) the criminal proceedings have been determined; or

(b) if there is an appeal against conviction, the appeal has been withdrawn or deemed to have been withdrawn or disposed of by the appellate court.

Criminal conviction

13.—(1)  The Authority may, where an officer is convicted of a criminal charge, consider the record of the proceedings of the court and may, if it is of the opinion that the officer should be dismissed, reduced in rank, or otherwise punished, punish the officer accordingly after he has been given a reasonable opportunity of being heard.

(2)  The Authority shall not be obliged to appoint a Committee in the circumstances set out in paragraph (1).

Withholding of emoluments

14.—(1)  An officer convicted of a criminal charge shall not, unless the Authority otherwise directs, receive any emolument from the date of conviction, pending consideration of his case by the Authority.

(2)  If any increment of an officer has been withheld pending the outcome of the criminal charge, the Authority may order forfeiture of such withheld increment.

Proceedings on acquittal

15.  The Authority may, where an officer is acquitted of a criminal charge, consider the record of the proceedings of the court and may, if it is of the opinion that the officer should be dismissed, reduced in rank, or otherwise punished, cause appropriate proceedings to be instituted under these Regulations.

Forfeiture of benefits on dismissal

16.—(1)  An officer who is dismissed forfeits all claims to any allowance or other benefit which he would have enjoyed, but for his dismissal.

(2)  An officer whose increment is withheld pending disciplinary action may forfeit such withheld increment at the discretion of the Authority.

Restrictions pending proceedings

17.  An officer against whom disciplinary proceedings are instituted under these Regulations shall not, without the permission of the Authority, resign or leave Singapore during the interval before the disciplinary proceedings are concluded.

LEGISLATIVE HISTORY

Civil Aviation Authority of Singapore (Staff Disciplinary Proceedings) Regulations

 

This Legislative History is provided for the convenience of users of the Civil Aviation Authority of Singapore (Staff Disciplinary Proceedings) Regulations. It is not part of these Regulations.
1.	G. N. No. S 255/1984—Civil Aviation Authority of Singapore (Staff Disciplinary Proceedings) Regulations 1984
	Date of commencement	:	29 September 1984
2.	G. N. No. S 68/1989—Civil Aviation Authority of Singapore (Staff Disciplinary Proceedings) (Amendment) Regulations 1989
	Date of commencement	:	24 February 1989
3.	1990 Revised Edition—Civil Aviation Authority of Singapore (Staff Disciplinary Proceedings) Regulations
	Date of operation	:	25 March 1992