Article by PracticeForte Advisory Affiliate Susan Tay of OTP Law Corporation. This article was first published by OTP Law Corporation.
This is the 1st part of a series on therapeutic justice and how it may be applied in family cases in Singapore. In the other 3 instalments, we will explore the role of different players in the administration of therapeutic justice, namely, The Lawyer, The Accountant, The Mediator, The Mediation Advocate, The Neutral Evaluator & The Counsellor.
In the context of these articles, family cases will be restricted to divorce and the issues arising out of a divorce i.e. property division, financial support and importantly, children’s matters including custody, care and control, access.
Heal Us Not Kill Us
If I may use one word to encapsulate the essence of Therapeutic Justice, it has to be “Heal”.
Therapeutic Jurisprudence is hardly a new concept. It was founded as early as the 1990s and had experienced success in the areas of mental health laws and criminal laws. It sits in the same category as Restorative Justice, both regarded as reforms to an otherwise adversarial system of court proceedings that often result in lifelong hatred and murderous contempt between litigants. Therapeutic Justice shifts the focus from mere fact finding and then deciding what is just to one on problem solving, reparation and yes, healing.
I don’t profess to completely understand how Therapeutic Justice will be applied in the family cases in Singapore. After all, it was only 1 year ago when the Presiding Judge of the Family Justice Courts (“FJC”), Justice Debbie Ong, made mention of Therapeutic Justice as an aspiration . And merely days ago on 21 May 2020 that Therapeutic Jurisprudence as a non-adversarial system in the Family Justice Courts was more fleshed out in the FJC Workplan 2020.
I will nevertheless try as best as I can, both as a family lawyer of over 30 years and also a faithful believer of the non-adversarial system in family disputes, to explain the concept of Therapeutic Justice, Justice Ong’s vision and my own aspiration in this short article.
Heal? Are You Kidding Me?
Why is going before the court so bad?
I often tell my client how in running our dispute cases (especially family), we are either in the peace mode or the war mode.
In peace mode, we seek to negotiate, mediate, have honest and open communications with the other party, sharing an aim to finding an enduring solution. You want to seek consensus, you want to avoid fights, you want to restore bonds that were damaged. In peace mode, you will need 2 hands to clap.
In war mode, you are singularly focused on winning. You spend resources preparing for the battle, gathering evidence, presenting your best case. It is often one of “I am good, you are terrible”. Hurting each other becomes inevitable. If children are involved, the hurt done to them can be lifelong. And because you need to fit your case into a winning one, for some, truths start to bend: into half-truths, white lies, lies. Or more often, your truths against my truths. In war mode, you only need one person to start.
The adversarial system fuels war mode. And for the longest time, that was what court proceedings were all about. Is it any wonder that the peace mode often entails NOT going to court? It is like telling a child, “Don’t talk to strangers”. The adversarial system is the proverbial stranger. We don’t know exactly what will happen but we know it WILL be bad. To now say that this system can be healing surely boggles.
Heal Because of the Justice System, Not Despite of
But imagine how the system no longer allows for fact finding in this way because the judge no longer decides for you what you or your family should do. Instead, once you enter into this system where therapeutic justice is administered, the focus is to see how parties can first heal from the hurt of the breakup and then bring focus on how the family can move forward in the wake of the split.
What if, before parties embarked on the divorce journey, they were 1st counselled? They were fed information, knowledge, shared experiences of what had happened, why the marriage failed, what to expect, impact on each other and the family.
I call this the Informed Stage.
What if, with the help of professionals, an effective communication channel can then be established between the parties for an honest and open exchange, rebuild trust and then restructure lives post-split? This is particularly important if there are children involved. Options and solutions definitely but also the difficult subject of emotions will be explored. This is a stage that will be continuing and may last for as long as it takes. The conversations or discussions could have different participants, sometimes a lawyer, sometimes a counsellor, sometimes an accountant who can counsel on sound financial management for the family, and then, sometimes a judge, mediator, parenting coordinator. But should almost always entail the parties themselves.
I call this the Dialogues.
With information, honest and open discussions will come 1st understanding, forgiving, then informed and considered decisions which can only result in enduring agreements, repaired relationships.
It is a mighty aspiration and yes, a Herculean task but trust that it is entirely possible.
Article by Emelia Kwa, an associate of OTP Law Corporation. This article was first published by OTP Law Corporation.
When the initial judgment of PP v Terence Siow Kai Yuan [2019] SGMC 69 was released, the case took Singapore’s social media by storm.
In case you needed an introduction, the case involved a 22-year-old undergraduate who outraged the modesty of his victim while on the MRT. He was sentenced to 21 months of supervised probation, subject to a number of conditions: 1) remaining indoors from 11pm to 6am, 2) performing 150 hours of community service, 3) attending an offence-specific treatment programme and 4) his parents were to execute a $5,000 bond to ensure his good behaviour during probation.
Singaporeans were up in arms, because of how the accused was regarded as having a strong potential for reform. Many felt that this was unjustified, as his “strong potential” seemed to be primarily based on his good academic results.
The case has since gone on appeal (Public Prosecutor v Siow Kai Yuan Terence [2020] SGHC 82). This article gives a brief summary of what constitutes a “strong propensity for reform”, as explained by the High Court.
Why was a “strong propensity for reform” important?
There are 4 different principles underlying each sentence given: deterrence, rehabilitation, retribution and prevention. The type of sentence given is affected by which of these principles is given primacy.
In many instances, deterrence serves as the main sentencing consideration. However, whether this plays out in every case very much depends on the facts.
For probation to be given, rehabilitation had to be the main sentencing consideration.
Naturally, for deterrence to be displaced, there needs to be an extremely strong propensity for reform. To evaluate this, the High Court gave a three-limbed framework that may be used:
The Court should consider whether the offender has demonstrated a positive desire to change since the commission of the offence(s);
The Court should consider whether there are conditions in the offender’s life that are conducive to helping him turn over a new leaf;
If, after considering the first 2 limb, the court comes to a provisional view that the offender has displayed an extremely strong propensity for reform, the court should then consider, in light of the risk factors presented whether there are reasons to revisit the finding of such a high capacity for reform.
A positive desire to change
The following non-exhaustive factors indicate a positive desire to change:
a) Evidence of genuine remorse.
This basically shows the offender’s self-awareness and recognition of the wrongfulness of his actions. Such remorse may take different forms, such as pleading guilty at the earliest available opportunity, or an acknowledgment of the seriousness of the offence(s) by co-operating fully with the police and admitting their guilt; or by disclosing criminal activities that go beyond what he was presently charged for.
b) Taking active steps post-offence to leave errant ways behind.
For example, the offender may have stopped associating with their negative peers, take the initiative to seek counselling, or if they are schooling, improve their attendance and work in school.
c) Compliance with and amenability to rehabilitative measure(s).
Basically, whether the offender has co-operated and committed to conditions of probation, counselling programmes, or urine tests, etc. (if applicable).
d) Offender has not re-offended since his offence.
The significance of this factor depends on the length of period between the time of offence and the time the offender is eventually sentenced. The Court cited a case where the offender had committed the offences in 2012 but was only charged more than 5 years later in 2017. During that period, the offender in question had found meaningful employment, obtained glowing reviews while in National Service and remained crime-free. The Court there felt that this showed his commitment to changing his ways.
e) The index offence(s) were out of character.
The genuineness and potential efficacy of an offender’s desire to change can also be evaluated against his past conduct. Here, the offender’s lack of antecedents is helpful but the significance of this also varies from case to case. Importantly, the lack of previous offences should not be regarded as a factor for reform as a matter of course.
Conditions conducive to turning a new leaf
The following non-exhaustive factors are helpful:
a) Strong familial support.
The Court cited several previous cases where the offender’s family was very supportive of the offender’s rehabilitative efforts and took initiative to supervise him. Where the offender has strong familial bonds, this suggested that they would provide a significant degree of supervision. It also helps where family members, especially parents, were prepared to take responsibility to guide their children onto the right path.
b) Availability of external support.
This could take the form of romantic partners, medical professionals, a religious community or the probation offence.
c) External sources of motivation for reform
For example, one case involved an offender with a family of 4 children. This propelled him to want to reform himself; the offender there had post-offence, found a stable job with better pay and a rental flat for his family.
d) Availability of positive avenues to channel energy
This was relevant as it would decrease the chances of a young offender associating with negative peers, and give him a structured environment. This would help instil discipline and give him positive guidance.
Risk factors
This would include the offender’s association with negative peers, or the presence of bad habits e.g. drug use or dependence.
Ultimately, it is obvious that having an “extremely strong propensity for reform” is very fact-sensitive. In the final step in the analysis, the Court must always consider the gravity of the offence as well, as despite the offender’s extremely strong propensity for reform, it could remain the case that deterrence should remain the main drive behind sentencing.
Conclusion
In giving a detailed look at the many factors involved in determining suitability for reform, the High Court case clarifies the public’s perception of how such a sentence is given. It also assures the public that no, undergraduates or good students are not immune from the law. In fact, unless a link can be drawn between an offender’s great academic achievements and his rehabilitative capacity, his academic excellence in and of itself would be irrelevant.
Article by Isabel Chew-Lau, an associate of OTP Law Corporation. This article was first published by OTP Law Corporaiton.
Introduction
The COVID-19 situation has placed Singapore in a dire crisis. It is not just a healthcare crisis. It is an economic crisis that threatens to shut down businesses and in turn the livelihood of thousands of Singaporeans. It is a crisis that Singapore’s leaders have named as “the most serious crisis this country has faced since independence”. Left unchecked, this crisis will no doubt affect cashflows of both businesses and individuals.
In anticipation of the economic fallout, the government has sought to introduce a suite of measures. Among these measures is the introduction of the COVID-19 (Temporary Measures) Act 2020 (“the Act”). As the name suggests, this Act aims to provide temporary relief to some business and individuals who, because of COVID-19, cannot fulfil obligations under contracts that they entered into at a time when the current situation was completely unforeseeable. In doing so, it seeks to balance the sanctity of contract with intervention to safeguard Singapore’s economic structure.
As a business owner or individual who needs to postpone your contractual obligations because of COVID-19 (or are faced with a party who does), you will want to be familiar with whether and how the Act operates.
Below, we focus on two types on contracts that the Act applies to: Event and tourism-related contracts and leases and licenses of non-residential property. We summarise our understanding of the Act and provide a practical tip on how to navigate the uncertainties that you will inevitably face.
Mapping out the application of the Act
A practical tip – Negotiate!
Having looked through the above, there will likely still be many difficulties you encounter, like:
You still don’t know if your case qualifies for relief.
You think your case does not qualify for relief e.g. the performance of your obligation is after the prescribed period, but you have been impacted by the COVID-19 situation and want to ask for relief regardless.
You want relief that the Act may not provide for e.g. a full refund or postponement.
Your vendor has given you some options that you do not prefer e.g. postponement until early next year.
You want to preserve your relationship with the other party.
As a vendor/landlord, you are yourself suffering from the COVID-19 fallout and cannot afford to provide relief.
You don’t want to go through the hassle of going through the assessment process.
You don’t know how the assessor will decide if you go through the assessment process; the outcome may not be favourable to you.
There is good news. That is, that the other party will encounter the same difficulties as you.
It is for this reason that we want to emphasize negotiation and compromise with the other party. Such negotiations can and should take place even before you serve a Notification for Relief; just be aware that you must be prepared to uphold your offer.
In preparing for these negotiations, and familiarizing yourself with the Act, we encourage you to ask yourself:
How has COVID-19 affected my ability to perform the contract?
How has COVID-19 affected the other party?
What can I offer to the other party as a compromise? Some possible areas you can consider putting up for discussion are:
If you will like a refund of your deposit, to forfeit some part of your deposit to compensate your vendor for work already put in.
To tell your vendor early if you want to terminate the contract, so that your vendor has a chance to find another party to fill in.
To find other willing parties to take up your part of the contract e.g. hold the event on your date.
If it is a postponement, the period of postponement and the rates applicable (be it 2021 rates or even a discount of the rate initially agreed), or other “perks”.
A temporary reduction of your rent.
A reduction or waiver of the late payment fees.
An instalment plan (even past the prescribed period) to allow you more time to make payment.
How can you both deal with the present situation keeping in mind the long term?
The bottom-line is this: the Act gives you a breather to overcome the current cash-flows you are facing. However, you should not rush to get your case assessed. There is a good chance that you can reach a mutually acceptable agreement with the other party, if you take the time to explain your situation and empathize with theirs.
Working from home is now part of a new normal in the midst of the COVID-19 pandemic. While we adjust to this change in environment, it is important that we consider how best to ensure the privacy of confidential work data.
Section 24 of the Privacy and Data Protection Act in Singapore requires an organisation to make reasonable security arrangements to protect personal data in its possession or under its control in order to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. During this difficult time of change and transition, organisations should bear in mind that they are still responsible for ensuring that employees comply with Data Protection Provisions.
While it may not be reasonable to expect employees to install complex protections such as virtual private networks, stringent anti-virus software, firewalls and whitelisted IP addresses in their personal home networks, there are certain doable steps to optimising protection and preventing data breaches.
Password Protect
By encrypting computers, documents and even storage devices like USBs, we immediately add an additional barrier to any potential or accidental data breach. Bearing in mind that we are working from home with people who presumably know us best, it might be wise to avoid simple passwords like birth dates or the names of loved ones.
With recent news that Phase 2 post-circuit breaker reopening could be sooner than we expect, we might find ourselves working from cafés or anywhere else outside our homes for a change of scenery. Password protection also helps to mitigate the risk of data breaches in the unfortunate event that devices are misplaced.
Restrict Access on Devices
It is best to work from a laptop or computer that is not shared with anyone else to ensure that we are the only ones who have access to our work at home.
However, if that is not possible, multiple accounts for different users should be created. In line with Step 1, remember to log out of the account whenever one is away from the computer.
Additionally, it is not advisable to download work-related documents into the hard-drive of a shared computer. Instead, use a cloud or network with restricted access for all work documents.
Create a Confidential Workspace
Working in a room of our own effectively prevents members of the household from overhearing Zoom meetings where confidential matters are discussed or accidentally seeing what is on our screens when we are working.
That being said, even without our own rooms, we can create as confidential a workspace as possible by using earphones during meetings and keeping our backs to the wall when working on sensitive documents. We could also darken our computer screens and minimise the font size so that it becomes much more difficult for others to see.
Protect Hard Copies
It is easy to neglect data and information in their physical forms, especially when many organisations are going paperless. However, we might still be in the habit of writing down notes or thought processes on paper or we might have printed out certain documents for more convenient referencing. It is crucial that these papers are not left lying around. As much as possible, they should be stored somewhere safe, such as in a locked drawer, or should be hand-shredded and securely disposed whenever possible.
Avoid Chatting about Work
While it is natural to want to talk to the people around us about something other than what our next meal is going to be, it is easy to let slip confidential data and private information when chatting about work with them. After all, these are the people we let our guard down for. As much as possible, we should avoid talking about our work.
Although there are many things on our minds in this challenging time, it is necessary to pause and take stock of the way in which we have been working from home in order to optimise the protection of confidential data. While the future is uncertain, working from home seems likely to continue to be a part of our lives.
Article by Lim Seng Siew of OTP Law Corporation. This article was first published in The Law Gazette – LAW IN THE TIME OF COVID, PRACTICE MATTERS, May 2020.
With the issuance of the Infectious Diseases (Workplace Measures to Prevent Spread of COVID-19) Regulations 2020, gazetted on 1 April 2020, working remotely is no longer a luxury or optional benefit. It is now a requirement and is likely to remain the “new abnormal’ for the foreseeable future.
Many government services are already geared towards working remotely. Singapore Land Authority, Accounting and Corporate Regulatory Authority and the Judiciary all have web-based solutions for most, if not all, of their services. Legal research can be done online with LawNet and Legal Workbench. This leaves only the law office. What does the law office need to do to enable working remotely? This simple guide is for law practices embarking on this journey.
Internet
Of course, fundamental to working remotely is a good internet connection. Chances are you already have fiber-optic cables to your homes. However, your spouse, children and helper are all competing for that same bandwidth. If everyone is either video conferencing, playing online games or watching online movies, the bandwidth is very quickly eaten-up. Your home router can fail or your internet service provider may face an outage.
Having a Plan B is good. Many of us already have that Plan B in our mobile phones. Use it as a hotspot for our laptops or PCs to “tether” onto. Just remember to password-enable the hotspot and switch it off when no longer needed.
Temporary Solutions
First off, a quick solution that is useful as a temporary stop-gap measure is logging in remotely to your work PC from your home PC. While setting up such a solution is fast, the solution can be slow, unreliable and clunky to work with. If your work PC is down, you will need a colleague in the office to reboot it. It also presents significant cybersecurity hazard risks. This approach also necessarily means that any documents printed to the office printer will need to be physically retrieved.
Examples of applications that can do this are TeamViewer and AnyDesk. There is also some remote access functionality built into the Chrome browser and some versions of Windows. Be extremely careful when considering quick and “free” solutions that may at best be unreliable, and at worst, phishing attempts or which could otherwise expose your systems to other cybersecurity risks.
Longer-Term Strategy
For a longer-term strategy, a law practice will need to consider solutions for the following:
your e-mail;
your calendars/diaries;
your fax;
your phone system;
your internal team communication;
your audio/video conferencing;
your file or document management system;
your e-signature; and
your legal practice and accounting management software.
Your E-mail
Unless you are on a very, very old e-mail server, chances are your e-mail is already cloud-enabled and you can send and receive e-mails remotely outside your office. You just have to make sure that the functionality is enabled and your e-mail client (i.e. the application that is on your home PC or mobile phone or tablet) is properly configured.
If you haven’t done so, do it NOW. It is not difficult to configure this setting but you may need to reach out to your administrator.
Your Calendars/Diaries
If you are already using a cloud-based legal practice management and accounting software (see below), it likely will have a calendar/diary feature. Use it. Calendar your meetings, your court hearings and your deadlines. Share them with other members of your team. Then everyone will have access to one another’s schedules and the embarrassing situation when meetings are “double-fixed” will be drastically reduced.
If you don’t have such a legal practice management software, make use of other calendaring applications such as Outlook Calendar or Google Calendar. They are either free or already come with the suite of office applications that you are using. Just remember to configure them correctly so that confidential information remains confidential.
Your Fax
If your law practice is still using physical fax machines, this will be almost impossible to deal with working remotely. Someone will have to be in the office to pick up the fax, scan it and e-mail the scanned copy to the correct people.
The best solution: do away with faxes. Then everyone will e-mail you.
If you can’t do away with faxes, consider using an electronic fax service. Such services provide you with a fax number. Faxes sent to this number will be sent to you via an e-mail that you specify. I suggest using a “group” e-mail so that the fax goes to a group of people.
You can also send out faxes, either by “printing” the fax to a special fax software or through an online web portal.
Your Phone System
Mobile phones as your primary “phone system” will probably work for solo or very small law practices. However, the cost and practicality of this approach rapidly breaks down when the number of users increases.
The solution: a virtual or hosted PBX system where everyone in the law practice, whether they are working in office or off-site, functions as if they are in the office. The operator can channel the call to your mobile phone but the caller will remain none the wiser. Some systems can even channel the call to a “soft phone”, a telephone software that turns your PC and headset into a fully-functional office phone.
Your Internal Team Communication
E-mails are terrible for short messages and ongoing group dialogues. “Conversations” very quickly get lost among the deluge of e-mail clutter.
Tools like Slack or Microsoft Teams are designed as easy to use instant messaging apps, directly between co-workers or to a group/channel of co-workers. They work on mobile phones as well as on PCs. Many allow you to share documents among your co-workers.
You can also use “free” apps like WhatsApp, Signal or Telegram. But, how many times have we (embarrassingly) sent private messages to the “wrong” group? With law practices, there is the additional danger of breaching confidentiality obligations.
Your Audio/Video Conferencing
To replace the physical meeting, you will need a video or tele-conferencing system. All video conferencing systems require large bandwidth, some more than others. Many, if not all, have an audio-only function which requires fewer resources. Some team communication applications (like Microsoft Teams) have audio/video conferencing functionalities. Many work on mobile devices as well as PCs or can be used directly from a web browser without having to download an app. Some require special headsets and microphones. Even when they are not required, the audio quality often improves greatly with dedicated headsets.
You can use such applications for online meetings, within your team or with clients. The courts are also using them for some of their chambers and mediation hearings. Members should be mindful of privacy and security issues that may arise and consider password-protected online meetings.
Common applications are Webex, Skype and Zoom.
Do be mindful of potential scams targeted at the use of these applications, for example, phishers sending fake Zoom invites.
Your File or Document Management System
On-premise file servers and network drives are not easy to configure for remote access. There will be cybersecurity issues that have to be addressed by configuring remote access properly. VPNs are a common option to allow you to access your office network from a remote location as though you were in the office, but often require advanced know-how to set up.
For smaller law practices, a basic cloud-based file system (like Dropbox, Microsoft One Drive, Google Drive or Box) can be sufficient. They can be used in almost the same way a network drive is used. So the learning curve is very easy.
For larger practices, you may want to consider using a dedicated cloud-based document management system with some enterprise level tools to manage the documents. Such tools include version control, documents check out, and e-mail integration.
Your E-Signature
If you are working remotely, you may also want to consider e-signing documents. In many situations, an image of your signature affixed onto a document would be sufficient. Singapore’s Electronic Transactions Act calls such signatures “electronic signatures”. You can apply basic electronic signatures with free applications such as Adobe Reader DC.
If greater security is required, there are dedicated applications where the user of the electronic signature is verified and authenticated. Any changes to the document after it has been e-signed will be highlighted. Such signatures are either secured electronic signatures or digital signatures.
Commonly used e-signature applications for secure electronic signatures are DocuSign and Adobe Sign.
Please refer to the Electronic Transactions Act and check for any notices from regulators and government bodies on temporary measures when determining the enforceability of an e-signed document. A number of documents, such as wills, deeds of trust and powers of attorney, are not recognised if signed electronically.
Your Legal Practice and Accounting Management Software
Finally, a dedicated legal practice and accounting management software, ideally, a cloud-based system, is essential. A practice management software is the nerve-centre of any legal practice. Unfortunately, many are premises-based, especially those used by larger law practices. Some of such premises-based applications, but not all, have a web-enabled interface.
If you have a cloud-based system, many already have (a) calendaring or diary tools; (b) internal team communication tools; and (c) file/document management tools or integration with a dedicated file/document management application.
Tech-celerate for Law has grants that help a law practice acquire solutions such as Tessaract.io, Clio and CoreMatter.
Supervising Others
Collateral to the “hard” technologies that are listed above, working remotely will put your “soft” skills to the test. Just because technology now allows everyone to work 24/7 does not mean everyone should. Unless there is an urgent or essential matter, remember that working hours are 9am to 5pm. This applies to yourself and, if you supervise a team, to members of your team.
How you supervise your team members will also change. Micro-managing work activities is practically impossible when working remotely, so you have to switch to an “outcome-based” supervision. However, this does not mean that you should wait until the dateline when the “outcome” is to be delivered to check on its progress. You should have progress checkpoints so that issues and problems can be caught early. Clear communication is also important, both on the part of the supervisor and team members. That is because points at which mis-communication are usually caught and corrected will be fewer when remote working.
Supervising trainees and interns is also a different kettle of fish. Trainees and interns have little or no experience of what goes on in a law office. They also have little idea of what is expected of them. The “watch and learn” method of teaching trainees and interns will have to be adapted for remote working. Shorter but more frequent video conferencing. Impressing on them what is meant by client confidentiality, which includes deleting all drafts, documents and e-mails at the end of their internship or training period.
Not Just COVID-19
The biggest take-away is that with the implementation of the above tools and changes to how we run a law office, remote working isn’t just for times of crisis but can and should be how a modern law office/practice is run. Even COVID-19 has its silver lining.
Video Resources
Set out below are videos and tutorials of the various software mentioned above, put together by the IT Committee of the Law Society.
Article by PracticeForte Advisory Affiliate Shirley Tay
We’re exactly two weeks away from the end of Singapore’s Circuit Breaker [CB] period. While we wait to see what semblance of social life we may regain come 2 June 2020, I’m certain the government wants companies to climb back into the business cycle so we can recover from the economic shock that the COVID-19 pandemic has catalyzed.
Meanwhile, working from home [WFH] looks to be a big part of our new normal, and to that end, most businesses should be able to tap on two government grants to implement such arrangements. I’ve shared the same with my clients, most if not all of whom were unaware of these initiatives. To boot, these are two of the simplest grant applications I’ve come across; though documentation is still key and there’s still some work involved, it certainly isn’t something you need to hire a consultant to do for you (if you still do, though, connect with me and I’ll be happy to guide you).
Work-Life Grant [WLG]
WLG aims to incentivise companies to sustain the use of flexible work arrangements (FWAs) for all employees. This grant was already in place before the pandemic. It was designed for FWA that include flexi-load, flexi-place and flexi-time. With COVID-19, the government has enhanced the grant to encourage daily adoption of WFH in line with their push for people to stay at home. The grant also serves to help alleviate costs for companies to adopt FWA (e.g. hardware and software purchase).
My recommendation below is geared towards the Enhanced WLG which was introduced specifically to combat COVID 19 and has a limited life span.
In broad terms, the requirements for this grant are as follows:-
Support only Singaporean and PR staff who are long-term employees or on contract for at least 12 months
Grant amount: $2,000/staff per year/period
Staff must either (i) work-from-home and/or (ii) stagger hours
Once the grant offer letter is given, companies have 4 months to adopt & complete the FWA arrangement.
The table below is a summary of the features of the grant before and after COVID-19.
E.g. If a company has 3 staff, each staff can rotate to work-from-home during the month of June, July and August, or stagger their working hours in the office for a month-long period. Under the grant, the company may submit a claim of 3 x $2,000.
Some of the deliverables to be able to claim the grant include: (i) show proof of adoption of the Tripartite Standards on FWAs, (ii) submit a write up of the FWA policy (iii) documentation proof that there is an agreement between employers and employees (with acceptance from employees) for FWA adopted. I believe these deliverables serves to educate employers and employees on the available standards and push for us to adopt the same.
The application for this grant is already opened ahead of the expiry of CB. The process starts simply with the submission of an application form along with the ACRA business profile. You can find more information on their website: https://www.mom.gov.sg/employment-practices/good-work-practices/work-life-grant
Productivity Solutions Grant (PSG)
PSG is another grant that has been enhanced during this pandemic to encourage businesses to digitalise and upgrade their productivity. The funding support has increased to 80% from 1 April 2020 to 31 December 2020.
The scope of generic solutions has also been expanded to help companies implement COVID-19 business continuity measures:
Online collaboration tools
Virtual meeting and telephony tools
Queue management systems
Temperature screening solutions
For businesses with client/customer-fronting operations, support for queue management and temperature screening should be a welcome.
One point to note: the grant does not support pure hardware purchases (e.g. laptops). The equipment must be procured with technology tools such as those that boost online collaboration (cloud storage, file sharing, video conferencing, etc.) like Microsoft Office 365 Business or Google G Suite. Although I have not personally asked for quotes from the listed vendors, a client who did mentioned that the charges are fairly affordable and reasonable.
You may visit the Enterprise Singapore website for specific companies offering packages for this grant:
Article By: PracticeForte Advisory Affiliate Abigail Lee This article was first published by Healing Hearts Centre
Home-based learning, telecommuting to work, followed by the first circuit breaker and then an extended circuit breaker, no dining-in at coffee shops or in restaurants could have added to the list of frustrations for you as a parent. Maybe even before the announcement of the circuit breaker extension, you might have been at your wit’s end thinking of ways to remain positive, keep your spirit up and to make things work for your children and yourself during this period of time.
Here are some thoughts and ideas to consider both for your children and yourself not just for this circuit breaker time, but can be applied at any other time to enhance and strengthen the family system.
1. Keep Your Own Emotions and Expectations In Check
Most of us are familiar with the pre-flight safety briefing prior to take-off – oxygen masks are released from above you, but ensure that the oxygen mask is securely fastened on and that you are able to breathe normally before helping your child or someone else with their oxygen mask.
When we are unable to manage and cope with our own negative emotions, it is likely that we will not be able to assist in regulating the negative emotions of our children. In particular, during times of heightened stress and being together in a close space for an extended period of time, we need to recognise that it will not be “business as usual”, but the expectations for our children and even for ourselves to be able to function as per normal might need to be adjusted accordingly to a level that is more realistic given the current situation we are in.
2. Keep Routines In Place
Consistency and structure can be very calming during times of stress and hence setting and sticking to a regular schedule is a key factor during this time, even if the children are at home all day. Ensuring the children getting up, having their meals and going to bed at their normal times as per an ordinary school day will benefit in providing a sense of safety and security for your child, especially for the one who is more inclined towards anxiety.
The routine should include times for both study and play, providing indications either through action or sound for transiting from one activity to the next, giving allowances for more down-time for relaxation and exercise when you observe the energy of your child declining as a result of not being able to be outdoors as often. It might be helpful to go through the schedule with your child either the night before or each morning before they start their day and making changes accordingly as the days go by, bringing clarity. This will also assist in reducing meltdowns as sometimes anxiety and stress shows up in a child as anger, resistance, lack of concentration and focus as well as negativity.
Schedules and routines will look different between child to child within the family. This can even be turned into a fun family activity where there can be “joint family fun times” in everyone’s schedule, having a unique timer sound or ring-tone go off for an activity of family bonding such as cooking, playing a game, exercising together, doing something silly and fun together!
3. Keep Being Recreational and Creative
Having activities that the family are able to do together not only helps in strengthening family bonding times, but also keeps the physical body moving. Incorporate special parent-child or family play times into the routine and allow turn-taking between each family member (yes, including the kids) in determining how the play time should look like.
Parents can recall some of their favourite games they used to play with growing up and teach them to their children whilst children can also engage and welcome parents into their worlds through technology and their own versions of games and play, thereby also making this time a learning experience for all who are involved.
Remember to think of different ways your child can stay active physically – the burning off of energy helps to reduce pent-up stress hormones and increase positive happy hormones in all of us! Continue to encourage healthy habits such as having sufficient fluid and nutritious food intake. This is all the more important during the circuit breaker period in being able to maintain a positive mood.
4. Keep Ensuring Strong Social Support Network
Look at arranging and organising opportunities for your children to use social media (within healthy boundaries) such as Skype or FaceTime to connect with their friends and other family members.
Communication can assist in allowing kids to feel less alone and mitigate the stress that comes from not being able to be with their friends and other family members physically. Socialising, even in this format, plays an important role in regulating the mood of your child and allows them to be remain emotionally grounded.
Make plans to have some virtual activities that they can do when they communicate via technology – a virtual birthday celebration, a virtual dinner meal, the possibilities are endless.
5. Keep Listening, Validating and Acknowledging Their Feelings and Thoughts
Seek to understand and acknowledge any possible frustration on the part of your child in not being able to be in school, to play with their friends or to be able to celebrate events with loved ones.
Have a daily or regular times of check-in with your child to listen to how they are feeling and what they might be thinking about. Acknowledge and validate any negative or positive emotions and talk about how both of you can collaboratively come up with ideas and ways to make the situation more bearable.
Encourage your child to practice relaxation and mindfulness techniques as it can facilitate your child in increasing their self-awareness, learning to sit with whatever they are feeling and not fighting them.
This can be a challenging time for parents as they seek to navigate and manage their own work, household situation, home-based learning for the children and for some, caring for the elderly. Yet, this can also be an opportune time for enhancing and strengthening the family system, along with building healthier relationships with our children. Let us all take heart in recognising that this season does not go on indefinitely!
If you are finding this time particularly difficult, and would like to speak with and process through ways to manage and deal with the negative emotions and thoughts that are surfacing, or if your child is struggling and you would like for help to be extended to him/her, please contact us at enquiries@practiceforte.websterizor.com so that we can reach out and be part of strengthening and restoring your family relationships!
Disclaimer: This article is for parents who love their children, protect them and want what’s best for them. Not the rare few where the law has been unequivocal in saying children are not safe with.
Is It Really Between the Devil and the Deep Blue Sea?
Circuit breaker, 4 weeks, (and may be counting; for which we can only hope for the best but wisely expect the worst), the prospect of no physical contact with your child/children. That can be rather heart breaking for most parents. But ask the parents, will they rather suffer not holding their child or put their child’s safety at risk and breaking the law, I dare say an overwhelming majority will choose to suffer.
In these COVID times of lockdowns and breakers, do divorced or separated parents really have to choose between the 2 evils? Happily, the answer is an emphatic no for us, at least here in Singapore, and I will explain why.
We More Frequently Need to Be Reminded than Informed
Before I go into the amended legislations that has just been passed on 10 April 2020; allow me to gently remind:
Parents, except for the rare ones, often put their children’s interest way above their own. It is almost trite to say that they make sacrifices unimaginable otherwise but immediately understandable when it is for their kids.
I trust this of most parents and I wish more divorced parents can feel the same way about their other co-parents. Their children will be in a far better place if they do.
Law is Order. Good Law is Good Order
An apt and succinct quote that I will borrow from Aristotle.
Let there be no doubt that on 10 April 2020, the legislation made unequivocal this: that parents can share access to their child per the agreement they have reached or pursuant to a court order they must obey. Including staying over; including all that’s reasonable to effect this.
I will bold that, underscore and applaud if you can hear me. You can tell I am one of those fervently approving of this amendment. Only because I truly believe it is in the best interest of children that they have meaningful physical contact time with both parents (do see my disclaimer at the top of this article).
I extract the relevant section of the subsidiary legislation here.
COVID-19 (TEMPORARY MEASURES)
(CONTROL ORDER) REGULATIONS 2020
PART 2
RESTRICTIONS ON MOVEMENT OF PEOPLE
Restrictions on leaving or entering place of residence
4.(1) This regulation does not apply to an individual who is subject to a movement control measure.
(2) Subject to paragraph (3), every individual must stay at or in, and not leave, his or her ordinary place of residence in Singapore.
(3) Subject to paragraphs (3A) and (3B), an individual may leave the individual’s ordinary place of residence only to do directly with all reasonable speed, any or a combination of one or more of the following:
(e) to transfer temporary custody or care of a child pursuant to any agreement regarding the access rights of a parent of the child, or in discharge of a legal obligation;
[S 262/2020 wef 10/04/2020]
(m) to do anything reasonably connected with and for the purposes of the matters in sub-paragraphs (a) to (l).
[S 262/2020 wef 10/04/2020]
(4) An individual must not permit any other individual to enter his or her ordinary place of residence for any reason other than —
(b) for any purpose connected with paragraph (3)(e), (i) or (k);
[S 262/2020 wef 10/04/2020]
(emphasis added)
If that is still too technical, we can look to the very friendly MOH FAQ website under [Updated 15 April] Safe Distancing Measures for assistance:
Q I am divorced and my children take turns to live with me and my ex-spouse. Can this arrangement continue?
This is allowed. However, do keep changes to a minimum, where possible, to lower the risk of transmission across different households.
Q I am separated/divorced and my spouse/ex-spouse has care and control of my child(ren). I see my children as per access arrangements. Can these access arrangements continue?
Yes, access arrangements may continue, other than Court-ordered Supervised Exchange and Supervised Visits (SE/SV). However, due to the current situation, the Divorce Support Specialist Agencies have suspended the SE/SV. Parents who are affected may contact the Ministry of Social and Family Development (MSF) via email at dssaprogrammes@msf.gov.sg or via phone at 63240024.
Wisdom is the Reward of Experience
There is a silver lining that our circuit breaker started a little behind some countries. I say this because we can reap some lessons from the problems and the solutions that have arisen in the wake of long periods of lockdowns in those countries.
My various roles as a parenting coordinator, lawyer, mediator focused on Family Law made me especially keen on issues relating to children and co-parenting.
While the residents in Singapore are still enjoying the last days pre our partial lockdown, unaware although suspecting the likelihood of the impending, I was already reading about how parents are allegedly using lockdowns as reasons to deny child access to the other parent. From UK to Australia, New Zealand to South Africa. And now, even Singapore.
In all the above countries, initial lockdown laws and regulations were amended to allow physical access of divorced/separated parents to their child during lockdowns and amidst distancing regulations. Why? Because it is clear, children need to be with both parents.
Let me share 2 stories:
Story 1: In a mediation the day before the start of the circuit breaker, a settlement agreement on terms of interim access was thankfully reached between a set of parents that were having huge difficulties with access and handovers just weeks before. Interventions from police, counsellors, lawyers were needed repeatedly. It was heartening that one week into circuit breaker, handovers have been uneventful. “Uneventful” is good, very good in my line of work, especially where children are concerned.
Ironically pre circuit breaker, pre agreement, handovers were a lot more traumatic than post circuit breaker, post agreement.
Early days yet but I think this speaks volume for a mediated agreement that both parties agreed to willingly.
Story 2: 2nd day of circuit breaker, a parent refuse handover of a child to the other parent who has not seen the child for more than 1 month (for reasons beyond this parent’s control). This is despite a court order in place. The prospect of another month of no physical contact was devastating but the 1st parent was worried about breaking the law. It did not help that this set of parents were still feuding in court. The joy when the regulations was changed 2 days later to the parent who was promptly given access pursuant to the court order.
In the initial days when the laws were still unclear, it can be confusing whether an act like child access is in fact permitted or not. This is especially complicated between feuding parents with deep distrust. Each other’s action is perceived 1st negatively and then even more negatively. No quarters given.
Result? Both parents suffer. But child suffers more.
All the Advice in the World Cannot Help You Until You Help Yourself
A feuding parent can react this way:
“My child will not be going anywhere,”
“How do I know that other people living on the [other parent’s] property are Covid-19 free?”
“How do I know that they have not come in contact with someone while out shopping without using proper precautions?”
“This change is just plain dumb. It is opening us up to further disaster and spreading of the virus.”
Or you can react this way:
“It is about time my ex-husband experiences what it is like to work and look after three children,”
My Advice?
“Give Contact Time. Make Sensible Arrangements. Talk to Each Other.” I know, advice is easy to give and hard to take.
But these are the hard facts:
Fact 1: Parents who use COVID-19 to manipulate a situation to their advantage, depriving their children access to their other parent are selfish.
Fact 2: There is trauma and sadness to children deprived of meaningful contact with the other parent. When bonding is lost with a parent, deep psychological issues ensue that can be long lasting and for life.
Fact 3: About three out of seven children in Singapore have bi-national parents. If these children have separated/ divorced parents, they may be affected by border controls and there is not much help at hand. This is the time the parents must put aside all the bitterness from their split, take a step back and think of the children.
Fact 4: In an unprecedented situation like this COVID-19 world, sensible care arrangements can only be possible if parents can talk to each other without attacks, suspicions or motives. There is only one common aim: doing what’s best for the kids.
Fact 5: Parents cannot just do what they want to do, ignore court orders or agreements just because they now have COVID as an excuse. This is not going to be tolerated once the world resumes normalcy. By then however, damage would already have been done to the child.
Fact 6: Children are exceptionally sensitive to their parents. They know. Especially about conflicts between parents, people they love, possibly the most in the world.
So what now, you ask?
I say this: Put aside the differences. Parent with access reach out to the parent without. Offer access. Physical access and if that’s not possible, phone, email, facetime etc. And for both parents, assure the children ever so often, that they are always loved, often missed, and never ever forgotten.
About Susan Tay
Susan Tay founded OTP Law Corporation (its predecessor, Ong Tay & Partners) in 1991. She celebrated her 30th year in practice this April, 2018.
Susan’s practice primary focus is family and matrimonial law. Also a litigation lawyer with special interest in employment, shareholders’ disputes and trust law, her experience extends as well to commercial transactional work, conveyancing and real property. Calling on the amalgamation of her diverse experiences, she has served clients in complex cross border matrimonial work involving extensive and complicated portfolios of matrimonial assets.
Susan is an accredited mediator with the Singapore Mediation Centre and a certified mediator with the Singapore International Mediation Institute. She currently mediates on various panels including the Singapore Mediation Centre, Law Society Mediation Scheme, the Family Panel of the Law Society Mediation Scheme, the MiKK e.V International Mediation Centre for Family Conflict and Child Abduction and the Thailand Arbitration Centre. Susan is also a trained parenting coordinator with the Family Justice Courts, Singapore. Susan is on the Community Justice Centre’s panel of Primary Justice Lawyers. She is an accredited Collaborative Family Lawyer. 2019, Susan was selected by MiKK to participate in a special training supported by the European Commission for the inclusion of children in family mediation
