GOVERNMENT PROCEEDINGS (AMENDMENT) BILL

Order for Second Reading read.

The Second Minister for Defence (RAdm Teo Chee Hean): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The Bill seeks to amend section 14 of the Government Proceedings Act. The proposed amendment to section 14 of the Government Proceedings Act is to address an anomaly arising from payment of compensation under the Singapore Armed Forces (Pensions) Regulations. Under the SAF (Pensions) Regulations, an SAF serviceman will be provided a compensation by the Government (as a workman would similarly be compensated under the Workmen's Compensation Act), if he is injured in any one of the following circumstances:

(a) in connection with the service;

(b) as a result of performing his duty; or

(c) when on his way to work or on his way home after work.

When compensation is paid to the injured serviceman in the first two circumstances, that is, in connection with his service or as a result of performing his duty, the present Government Proceedings Act prevents the injured serviceman from further suing the Government and obtaining compensation a second time.

However, in the third situation, when compensation is paid to the serviceman who is injured while on his way to work or on his way home after work, the present Government Proceedings Act does not prevent him from further suing the Government and obtaining double compensation. The reason is that the present Government Proceedings Act, as drafted, only applies to the first two circumstances. This has been so decided by the High Court of Singapore in 1986.

In that particular case, an SAF serviceman was injured by a Government vehicle while he was on his way home from camp. He first received compensation from the Singapore Armed Forces. Subsequently, he went on to sue the Government. The High Court decided that the serviceman could still sue the Government, although he had already received compensation, because the Government Proceedings Act, as drafted, did not apply to a serviceman who was injured while on his way to work or on his way home after work.

With this amendment, the anomaly will be addressed. A serviceman who has been compensated when injured on his way to work, or on his way home after work, cannot further sue the Government and obtain compensation a second time.

Section 14 of the present Government Proceedings Act also applies to members of the Singapore Police Force. A member of the Singapore Police Force who is injured while on his way to work or on his way home after work is also paid compensation under the Pensions Act. This amendment to the Government Proceedings Act will also remove this anomaly as regards the Police Force.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [RAdm Teo Chee Hean].

Bill considered in Committee; reported without amendment, read a Third time and passed.