Part of a comprehensive analysis of the Optometrists and Opticians Act 2007
All Parts in This Series
Appointment of Registrar and Maintenance of Registers under the Optometrists and Opticians Act 2007
The Optometrists and Opticians Act 2007 establishes a regulatory framework to ensure the professional standards and public safety in the practice of optometry and opticianry in Singapore. Central to this framework is the appointment of a Registrar and the maintenance of registers, which serve as the foundation for regulating practitioners.
> "For the purposes of this Act, the Minister must appoint a member to be the Registrar of the Board." — Section 12, Optometrists and Opticians Act 2007
Verify Section 12 in source document →
This provision mandates the Minister to appoint a Registrar, who is responsible for the administrative functions of the Board. The appointment ensures that there is a designated official accountable for maintaining accurate and up-to-date records of practitioners, which is crucial for transparency and regulatory oversight.
> "The Registrar must keep and maintain the following registers: (a) a Register of Optometrists... (b) a Register of Opticians..." and must contain specified particulars. — Section 13, Optometrists and Opticians Act 2007
Verify Section 13 in source document →
The Registrar’s duty to maintain separate registers for optometrists and opticians, including specified particulars such as names, qualifications, and registration details, exists to provide a reliable public record. This facilitates verification of credentials and supports enforcement actions against unregistered or improperly registered individuals.
Registration Process and Criteria for Optometrists and Opticians
Registration is a critical gatekeeping function that ensures only qualified and competent individuals may legally practise optometry or opticianry.
> "Any person who desires to carry out any practice of optometry or opticianry must make an application to the Board for registration in accordance with the regulations." — Section 15, Optometrists and Opticians Act 2007
Verify Section 15 in source document →
This provision requires prospective practitioners to apply for registration, thereby enabling the Board to assess their qualifications and suitability before granting permission to practise. It protects the public from unqualified practitioners.
> "The Board may refuse to register any applicant who... (a) in the opinion of the Board, may not be registered in accordance with the regulations; (b) ... is not of good reputation and character; or (c) fails to satisfy the Board that he or she is able to effectively and safely carry out the practice..." — Section 16, Optometrists and Opticians Act 2007
Verify Section 16 in source document →
The refusal grounds reflect the Board’s mandate to uphold professional standards and public safety. By requiring good reputation and character, and the ability to practise safely and effectively, the Act ensures that only suitable individuals are registered.
> "Upon the registration of a person, the Board must issue to the person a certificate of registration..." — Section 17, Optometrists and Opticians Act 2007
Verify Section 17 in source document →
The issuance of a certificate formalises registration and serves as proof of the person’s legal authority to practise. This certificate is a tangible safeguard against fraudulent claims of registration.
Practising Certificates and Public Disclosure
Registration alone does not permit practice; practitioners must also obtain a practising certificate, which is subject to renewal and ongoing compliance.
> "A registered person who desires to obtain a practising certificate... must make an application to the Board..." — Section 18, Optometrists and Opticians Act 2007
Verify Section 18 in source document →
This requirement ensures that practitioners remain compliant with current standards and regulations before practising. It allows the Board to monitor ongoing fitness to practise.
> "The Registrar must, from time to time, prepare and publish on an Internet website a list of the names, addresses, qualifications and dates of qualifications of all persons who are registered... and have in force practising certificates." — Section 19, Optometrists and Opticians Act 2007
Verify Section 19 in source document →
Public disclosure of registered practitioners with practising certificates promotes transparency and allows consumers to verify the credentials of their optometrists or opticians. This provision enhances public confidence in the profession.
Cancellation, Penalties, and Enforcement Mechanisms
The Act provides the Board with powers to cancel registrations and impose penalties to enforce compliance and protect the public.
> "The Board may cancel the registration of a registered person if the Board is satisfied that the registered person..." with specified grounds listed. — Section 20, Optometrists and Opticians Act 2007
Verify Section 20 in source document →
Cancellation powers are essential to remove practitioners who are unfit or pose risks to public safety. The grounds for cancellation ensure that the Board acts fairly and only in justified cases.
> "Where the Board cancels the registration... the Board may order the registered person to pay any sums... in respect of the costs and expenses..." — Section 21, Optometrists and Opticians Act 2007
Verify Section 21 in source document →
Cost recovery provisions deter misconduct and ensure that the public funds expended in disciplinary processes are reimbursed, promoting accountability.
> "A person who fails to comply with subsection (3)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000." — Section 13(4), Optometrists and Opticians Act 2007
Verify Section 13 in source document →
> "A person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000." — Section 17(3), Optometrists and Opticians Act 2007
Verify Section 17 in source document →
> "A person who fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000." — Section 18(7), Optometrists and Opticians Act 2007
Verify Section 18 in source document →
These penalty provisions address non-compliance such as failure to update particulars or surrender certificates after cancellation or suspension. They exist to enforce adherence to regulatory requirements and maintain the integrity of the registration system.
Appeals and Restoration of Registration
The Act provides procedural fairness by allowing aggrieved persons to appeal decisions and to seek restoration of registration under certain conditions.
> "A person who is aggrieved by a decision of the Board... may... appeal to the General Division of the High Court..." — Section 22, Optometrists and Opticians Act 2007
Verify Section 22 in source document →
This appeal mechanism ensures that decisions by the Board are subject to judicial review, safeguarding the rights of practitioners and maintaining checks and balances within the regulatory system.
> "A person whose registration has been cancelled... may apply to the Board for his or her name to be re-registered." — Section 24, Optometrists and Opticians Act 2007
Verify Section 24 in source document →
Restoration provisions allow for rehabilitation and reintegration of practitioners who have addressed the grounds for cancellation, reflecting a balanced approach between public protection and fairness to individuals.
Cross-References and Inter-Agency Coordination
The Act also integrates with other legislation and judicial processes to enhance regulatory effectiveness.
> "A person who makes a report of a change in his or her residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (3)(a)..." — Section 13(5), Optometrists and Opticians Act 2007
Verify Section 13 in source document →
This cross-reference reduces duplication of administrative requirements by recognising compliance under the National Registration Act, streamlining regulatory processes for practitioners.
> "The General Division of the High Court has jurisdiction to tax the sums ordered to be paid under subsection (1)..." — Section 21(2), Optometrists and Opticians Act 2007
Verify Section 21 in source document →
Granting the High Court jurisdiction to tax costs ensures that financial orders made by the Board are enforceable and subject to judicial oversight, reinforcing the legal robustness of enforcement actions.
Conclusion
The key provisions of Part 3 of the Optometrists and Opticians Act 2007 establish a comprehensive regulatory framework that balances public protection with procedural fairness. Appointment of the Registrar and maintenance of registers ensure transparency and accountability. The registration and practising certificate requirements uphold professional standards. Powers to cancel registration and impose penalties enforce compliance, while appeal and restoration mechanisms provide fairness and due process. Cross-references to other legislation enhance administrative efficiency and legal coherence.
Sections Covered in This Analysis
- Section 12 – Appointment of Registrar
- Section 13 – Registers and related offences
- Section 15 – Registration application
- Section 16 – Refusal of registration
- Section 17 – Certificate of registration and related offences
- Section 18 – Practising certificate and related offences
- Section 19 – Publication of list of registered persons
- Section 20 – Power to cancel registration and impose penalties
- Section 21 – Costs and recovery
- Section 22 – Appeals to the High Court
- Section 24 – Restoration of registration
Source Documents
For the authoritative text, consult SSO.