WSH (Learning Report) Regulations 2019

Workplace Safety and Health (Learning Report) Regulations 2019

Invitation to interested persons to comment

3.—(1) Before the Commissioner publishes a learning report, the Commissioner may, by written notice, invite an interested person to comment on the whole or any part of any draft of a learning report that the Commissioner considers applicable to the interested person.

(2) The interested person may give a copy of the whole or any part of the draft of the learning report to any of the following persons (called in these Regulations an authorised recipient):

(a)a professional adviser of the interested person;

(b)any other person with the written consent of the Commissioner.

(3) The interested person must provide the interested person’s comments to the Commissioner —

(a)in such form and manner as the Commissioner may require; and

(b)within 21 days after the date of the written notice under paragraph (1), or within such extended periods of time as the Commissioner may allow in any particular case.

(4) The Commissioner may refuse to accept any comments not provided in accordance with paragraph (3).

Consideration of comments by Commissioner, etc.

4.—(1) The Commissioner must consider whether all or any of the comments provided by an interested person under regulation 3(3) are appropriate to be included in a learning report.

(2) If the Commissioner decides under paragraph (1) that it is appropriate to include any comment, the Commissioner may —

(a)reproduce the comment in the learning report to be published, with or without editing the comment; and

(b)set out in the learning report to be published, the Commissioner’s response to the comment mentioned in sub‑paragraph (a).

(3) The Commissioner is not required to invite further comments from the interested person on the Commissioner’s decision under paragraph (2)(a) or (b) before the Commissioner publishes the learning report.

Offences

5.—(1) A person commits an offence if —

(a)the person is, or has been, an interested person;

(b)the person discloses information to another person (other than an authorised recipient of the interested person);

(c)when disclosing the information, the person knew, or is reckless as to whether, the information is restricted information; and

(d)the information is restricted information.

(2) A person commits an offence if —

(a)the person receives information from an interested person (whether as an authorised recipient of the interested person or otherwise), or from an authorised recipient of an interested person;

(b)the person discloses information to another person;

(c)when disclosing the information, the person knew, or is reckless as to whether, the information is restricted information; and

(d)the information is restricted information.

(3) A person commits an offence if —

(a)the person obtains information in the possession of an interested person, or an authorised recipient of an interested person, without the knowledge of the interested person or authorised recipient, as the case may be;

(b)the person discloses information to another person;

(c)when disclosing the information, the person knew, or is reckless as to whether, the information is restricted information; and

(d)the information is restricted information.

(4) A person who is guilty of an offence under paragraph (1), (2) or (3) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) In this regulation, “restricted information” means either of the following information:

(a)before the date of publication of a learning report — any information contained in a draft of a learning report;

(b)on or after the date of publication of a learning report — any information contained in a draft of a learning report that is not contained in the learning report published by the Commissioner.

(6) To avoid doubt, for the purposes of paragraph (5)(a), any information contained in a draft of a learning report is restricted information even if the same information is subsequently contained in the learning report published by the Commissioner.

These are just some of the legal requirement of public consultation on draft of a learning report. To learn more refer to the Singapore Statues Online and update your organization compliance obligation procedure