Online Criminal Harms (Reviewing Tribunals) Rules 2024

No. S 43

Online Criminal Harms Act 2023

Online Criminal Harms
(Reviewing Tribunals) Rules 2024

In exercise of the powers conferred by section 44 of the Online Criminal Harms Act 2023, the Minister for Home Affairs makes the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1. These Rules are the Online Criminal Harms (Reviewing Tribunals) Rules 2024 and come into operation on 1 February 2024.

Definitions

2.—(1) In these Rules —

“appeal” means an appeal to a Reviewing Tribunal made under —

(a)	section 18(1) of the Act against a Part 2 direction; or
(b)	section 37(1) of the Act against a Part 6 order;

“appeal proceedings” means proceedings before a Reviewing Tribunal regarding an appeal contained in a notice of appeal;

“appealable decision” means —

(a)	the designated officer’s decision under section 17(1) of the Act to affirm or substitute a Part 2 direction; or
(b)	the competent authority’s decision under section 36(1) of the Act to affirm or substitute a Part 6 order;

“appellant” means a person who brings an appeal under section 18(1) or 37(1) of the Act;

“authorised representative”, for any person, means an individual who is allowed under rule 11 to represent the person in an appeal proceedings, whether or not the individual is an advocate and solicitor;

“contact address”, for any person, means any of the following nominated by the person for the receiving of documents under these Rules:

(a)	the person’s residential address, if an individual;
(b)	the address of the person’s place of business;
(c)	an email address;
(d)	the person’s chosen means of notification and chosen means of access to access those documents;

“defence” means a defence to a notice of appeal under rule 18;

“identity particulars” means —

(a)

for an individual —

(i)	the full name, and the number of the passport or other identity document, of the individual; and
(ii)	the nationality of the individual; or

(b)

for an entity —

(i)	the full name of the entity;
(ii)	the place the entity was incorporated or otherwise formed; and
(iii)	the Unique Entity Number (UEN) of the entity, if any;

“notice of appeal” has the meaning given by rule 13;

“parties”, in relation to any appeal proceedings about an appeal, means —

(a)	the appellant in the appeal; and
(b)	the reconsideration authority in relation to the appeal,

and “party” means either of them;

“reconsideration authority” means —

(a)	in relation to an appeal under section 18(1) of the Act against a Part 2 direction — the designated officer who gave notice of the decision under section 17(1) of the Act concerning the Part 2 direction; or
(b)	in relation to an appeal under section 37(1) of the Act against a Part 6 order — the competent authority;

“Secretary” means the Secretary to the Reviewing Tribunals appointed under section 40(2) of the Act;

“working day” means any day except a Saturday, Sunday or public holiday.

(2) Where (under powers delegated by the competent authority under section 5 of the Act) an authorised officer makes an appealable decision in relation to a Part 6 order, references in these Rules to the competent authority in relation to an appeal against the appealable decision are taken to be references to that authorised officer.

(3) Unless the context otherwise requires, a reference to a Reviewing Tribunal in relation to any part of any appeal proceedings is a reference to the Reviewing Tribunal who has cognizance of the appeal which is the subject of the appeal proceedings.

(4) An appeal is decided by a Reviewing Tribunal without an in‑person hearing if it is decided on written material and submissions without parties to the appeal proceedings attending in person before the Reviewing Tribunal.

Address for service on Reviewing Tribunal

3. Any appeal or other document to be lodged with, given to or served on a Reviewing Tribunal under these Rules must be addressed to the “Secretary to the Reviewing Tribunals” and sent by email to secretary@ochatribunal.gov.sg.

Appropriate form

4.—(1) In these Rules, “appropriate form”, in relation to any purpose for which a specific form is required to be used, means the relevant form that is set out on the website at https://go.gov.sg/ocha‑reviewing‑tribunal.

(2) A requirement in these Rules that a document be in an appropriate form includes a requirement that the document be completed in the English language and in accordance with any directions that may be specified in the appropriate form.

(3) However, where strict compliance with an appropriate form is not possible, the Secretary may allow for the necessary modifications to be made to that form, or for the requirements of that form to be complied with in any other manner that the Secretary thinks fit.

Secretary to Reviewing Tribunals

5.—(1) The duty of the Secretary is —

(a)	to provide administrative and secretarial support to each Reviewing Tribunal in relation to every appeal the Reviewing Tribunal has cognizance of under these Rules; and
(b)	to perform any other duties that are prescribed in these Rules.

(2) The Secretary has to attend at every hearing by a Reviewing Tribunal of an appeal referred to the Reviewing Tribunal under rule 20.

Made on 29 January 2024.

PANG KIN KEONG

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA/112/2/025; AG/LEGIS/SL/213C/2020/1 Vol. 1]

(To be presented to Parliament under section 44(3) of the Online Criminal Harms Act 2023).

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