Part of a comprehensive analysis of the Optometrists and Opticians Act 2007
All Parts in This Series
Prohibition of Unqualified Practice and Employment under Section 25
Section 25 of the Optometrists and Opticians Act 2007 establishes a fundamental safeguard to ensure that only qualified individuals engage in the practice of optometry or opticianry. It explicitly prohibits any person from carrying out or advertising themselves as qualified in these professions unless they are registered and hold a valid practising certificate.
"A person must not—(a) carry out any practice of optometry or opticianry; or (b) advertise or otherwise hold himself or herself out to be qualified... unless he or she is a qualified person..." — Section 25(1), Optometrists and Opticians Act 2007
This provision exists to protect public health and safety by ensuring that only competent and duly certified practitioners provide eye care services. It prevents unqualified individuals from misleading the public or delivering substandard care that could result in harm.
Furthermore, Section 25(2) extends this prohibition to employers, forbidding them from employing any person who is not qualified:
"A person must not employ any person who is not a qualified person..." — Section 25(2), Optometrists and Opticians Act 2007
Verify Section 25 in source document →
This clause ensures that organisations maintain professional standards by hiring only registered practitioners, thereby upholding the integrity of the profession and safeguarding patients.
Non-compliance with these prohibitions is criminalised under Section 25(4), which prescribes penalties for offenders:
"A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both." — Section 25(4), Optometrists and Opticians Act 2007
Verify Section 25 in source document →
The graduated penalties reflect the seriousness of repeat offences and act as a deterrent against unlawful practice and employment of unqualified persons.
Prohibition on Recovery of Fees for Unlawful Acts under Section 26
Section 26 complements Section 25 by denying any person the right to recover fees for services rendered in contravention of Section 25. This provision prevents individuals who unlawfully practice optometry or opticianry from profiting from their illegal acts.
"A person is not entitled to demand, claim, accept, receive, retain or sue for or recover any fee or charge in any court for any act done in contravention of section 25." — Section 26, Optometrists and Opticians Act 2007
Verify Section 26 in source document →
This clause exists to reinforce the prohibition on unqualified practice by removing any financial incentive. It also protects consumers from paying for services that are not legally authorised, thereby promoting fairness and accountability in the profession.
Criminalisation of Fraudulent Registration and Use of Certificates under Section 27
Section 27 addresses the integrity of the registration process by criminalising fraudulent acts related to registration and certification. It targets individuals who knowingly make false declarations, forge documents, or dishonestly use or trade certificates.
"Any person who... procures or attempts to procure registration... by knowingly making or producing... any false or fraudulent declaration... shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both." — Section 27, Optometrists and Opticians Act 2007
Verify Section 27 in source document →
The purpose of this provision is to maintain public confidence in the regulatory system by ensuring that only legitimately qualified persons are registered. It deters fraudulent behaviour that could undermine the profession’s credibility and compromise patient safety.
Jurisdiction of District Court under Section 28
Section 28 clarifies the judicial authority responsible for trying offences under the Act. It explicitly grants the District Court jurisdiction to hear such cases and impose the full range of penalties.
"Despite anything to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has the power to impose the full penalty or punishment in respect of the offence." — Section 28, Optometrists and Opticians Act 2007
Verify Section 28 in source document →
This provision ensures that offences under the Act are dealt with efficiently and authoritatively within the appropriate court system. It overrides any conflicting provisions in the Criminal Procedure Code 2010 to avoid jurisdictional ambiguity, thereby facilitating effective enforcement.
Compounding of Offences by the Board under Section 29
Section 29 empowers the Optometrists and Opticians Board to compound certain offences by collecting fines instead of pursuing prosecution. The Board may impose a fine not exceeding the lesser of half the maximum statutory fine or $2,000.
"The Board may compound any offence under this Act that is prescribed as a compoundable offence by collecting... a sum not exceeding the lower of the following: (a) one half of the amount of the maximum fine... (b) $2,000." — Section 29(1), Optometrists and Opticians Act 2007
Verify Section 29 in source document →
This mechanism exists to provide a more flexible and efficient means of enforcement for less serious offences. It reduces the burden on the courts and allows the Board to swiftly address minor breaches, thereby promoting compliance without resorting to lengthy litigation.
Definition of “Qualified Person” under Section 25(6)
Section 25(6) provides a precise definition of “qualified person” in the context of optometry and opticianry practice. It specifies that a qualified person is one who is both registered and holds a practising certificate authorising the relevant practice.
"In this section, 'qualified person', in relation to a practice of optometry or opticianry, means a person who is—(a) registered to carry out; and (b) has in force a practising certificate which authorises the person to carry out, that practice of optometry or opticianry." — Section 25(6), Optometrists and Opticians Act 2007
Verify Section 25 in source document →
This definition is critical to the enforcement of Sections 25 and 26, as it delineates the legal criteria for lawful practice. It ensures clarity and consistency in identifying who is authorised to provide optometric and opticianry services.
Summary of Penalties for Non-Compliance
The Act imposes stringent penalties to deter unlawful conduct and uphold professional standards:
- Unlawful practice or employment of unqualified persons: On first conviction, a fine up to $25,000 or imprisonment up to 6 months or both; on subsequent convictions, a fine up to $50,000 or imprisonment up to 12 months or both (Section 25(4)).
- Fraudulent registration and related offences: Fine up to $10,000 or imprisonment up to 2 years or both (Section 27).
These penalties reflect the seriousness with which the law treats breaches that could jeopardise public health and the integrity of the profession.
Cross-References to Other Legislation
The Act explicitly references the Criminal Procedure Code 2010 in Section 28 to clarify court jurisdiction:
"Despite anything to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has the power to impose the full penalty or punishment in respect of the offence." — Section 28, Optometrists and Opticians Act 2007
Verify Section 28 in source document →
This cross-reference ensures that the provisions of the Optometrists and Opticians Act 2007 take precedence in matters of jurisdiction and sentencing for offences under the Act, thereby avoiding conflicts with general criminal procedural rules.
Conclusion
The key provisions of the Optometrists and Opticians Act 2007 analysed herein collectively serve to regulate the practice of optometry and opticianry in Singapore. They protect the public by ensuring that only qualified and registered individuals provide these specialised services, prevent fraudulent activities related to registration, and establish clear enforcement mechanisms and penalties. The Act’s detailed definitions and cross-references to other legislation further enhance its clarity and effectiveness in maintaining professional standards and safeguarding public health.
Sections Covered in This Analysis
- Section 25 (Prohibition on unqualified practice and employment)
- Section 26 (Prohibition on recovery of fees for unlawful acts)
- Section 27 (Fraudulent registration and certificate offences)
- Section 28 (District Court jurisdiction)
- Section 29 (Compounding of offences)
- Section 25(6) (Definition of “qualified person”)
Source Documents
For the authoritative text, consult SSO.