Enlistment (Advisory Boards) Regulations 2003

No. S 401

Enlistment Act

(Chapter 93)

Enlistment (Advisory Boards) Regulations 2003

In exercise of the powers conferred by section 37(2) of the Enlistment Act, the Minister for Defence hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Enlistment (Advisory Boards) Regulations 2003 and shall come into operation on 25th August 2003.

Definitions

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

“advisory board” means an advisory board convened under regulation 5;

“chairman” means the chairman of an advisory board;

“panel” means the panel appointed under regulation 3;

“secretary” means a secretary of an advisory board appointed under regulation 4.

Appointment of panel

3.—(1) For the purpose of enabling advisory boards to be convened in accordance with regulation 5, the Minister shall appoint a panel consisting of such number of civilians and members of the Singapore Armed Forces as the Minister may determine.

(2) A member of the panel may be appointed for such term as the Minister may determine.

(3) The Minister may at any time revoke the appointment of any member of the panel or fill any vacancy in its membership.

(4) The Minister shall appoint from the panel civilians who may serve as chairmen.

Appointment of secretaries

4. For the purpose of carrying out the administrative duties connected with advisory boards, the Director of Manpower shall appoint such number of secretaries as the Director of Manpower may determine.

Convening and composition of advisory board

5.—(1) An advisory board shall be convened by its secretary on behalf of the proper authority as often as may be necessary.

(2) Each advisory board shall consist of —

(a)	a chairman; and
(b)	such other member or members as the proper authority may determine,

all of whom shall be members of the panel.

Referral of matters to advisory board

6.—(1) The proper authority may, if the proper authority thinks fit, refer any matter to an advisory board requesting it to express its opinions or recommendations.

(2) Without prejudice to the generality of paragraph (1), the proper authority may refer to an advisory board through the advisory board’s secretary the following matters:

(a)	any application by a person for postponement of the date of enlistment in full-time service;
(b)	any application by a person for exemption from enlistment in full-time service or operationally ready national service on grounds other than medical grounds;
(c)	any application by a person in full-time service for postponement of or exemption from full-time service;
(d)	any application by a person in operationally ready national service under section 14(1)(b) of the Act for postponement of or exemption from such operationally ready national service; and
(e)	any application by a person in regular service for release from such service before the end of his term of service.

(3) Notwithstanding paragraphs (1) and (2), the proper authority shall exercise its or his own discretion and shall not be bound by any opinions or recommendations expressed by an advisory board.

Investigation

7.—(1) Where a matter is to be referred to an advisory board, its secretary, if he considers it necessary, shall cause an investigation to be carried out.

(2) The secretary shall, at the end of the investigation, compile an investigation report and present the report to the advisory board.

Deliberations of advisory board

8.—(1) In its deliberations on any application or matter, the advisory board shall consider all the relevant materials, documents and evidence, including any oral evidence and any investigation report in respect of the application or matter.

(2) Where an advisory board considers that the evidence in respect of an application or matter is insufficient, it may request the secretary to conduct further investigations.

(3) Where an advisory board considers it necessary, it may request the attendance of any person whose knowledge or opinion may assist the advisory board, including any person making any application referred to in regulation 6(2).

(4) An advisory board may receive any evidence that it considers relevant, whether or not such evidence would be admissible in a court.

(5) An advisory board shall not be bound by the rules of evidence and may act in such manner as it considers most expedient.

(6) In its deliberations on an application for postponement of or exemption from any liability under the Act, the advisory board shall take into consideration regulation 23 of the Enlistment Regulations (Rg 1).

Record

9.—(1) At the end of the deliberations on any application or matter, the members of an advisory board shall give their opinions or recommendations together with the reasons therefor, and these shall be recorded by the chairman or any person acting on his behalf.

(2) The chairman shall forward the record through the secretary to the proper authority.

Deliberations in camera

10.—(1) The deliberations of an advisory board shall be in camera.

(2) The following matters shall not be disclosed to any person unless the proper authority directs otherwise:

(a)	a decision whether or not to refer any application or matter to an advisory board; and
(b)	the opinions or recommendations of an advisory board.

Remuneration

11. A member of an advisory board who is not a public officer or a member of the Singapore Armed Forces shall be remunerated for each day on which the advisory board sits at such rate as the proper authority may determine.

Revocation

12. The Enlistment (Advisory Boards) Regulations (Rg 2) are revoked.

Made this 14th day of August 2003.

PETER HO HAK EAN

Permanent Secretary,
Ministry of Defence,
Singapore.

[MINDEF 4-4/26-1-15-4/DC; AG/LEG/SL/93/2002/1 Vol. 1]

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