Legal Advisory Civil Division Public Officers Law Seminar : Dyg - - PowerPoint PPT Presentation

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Legal Advisory Civil Division Public Officers Law Seminar : Dyg - - PowerPoint PPT Presentation

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Legal Advisory Civil Division Public Officers Law Seminar : Dyg Hajah Suhana binti Haji Sudin www.agc.gov.bn Understanding the Law Principal Counsel 26 th and 27 th October 2016 Public Officers Law Seminar: Understanding the Law 26 th

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Public Officers’ Law Seminar : Understanding the Law 26th and 27th October 2016

www.agc.gov.bn

Legal Advisory Civil Division

Dyg Hajah Suhana binti Haji Sudin Principal Counsel

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Public Officers’ Law Seminar: Understanding the Law

26th and 27th October 2016

Attorney General and his functions Art 81 Constitution of Negara Brunei Darussalam

(1) There shall be an Attorney General who shall be appointed by His Majesty the Sultan and Yang Di-Pertuan by notification published in the Gazette. (2) The Attorney General shall advise on all legal matters connected with the affairs of Brunei Darussalam referred to him by His Majesty the Sultan and Yang Di-Pertuan or by the Government.

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Public Officers’ Law Seminar: Understanding the Law

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(3) The Attorney General shall have power exercisable at his discretion to institute, conduct or discontinue any proceedings for an offence other than — (a) proceedings before a Syariah Court, subject to the provisions of any written law to the contrary; or (b) proceedings before a Court Martial, subject to the provisions

  • f any written law to the contrary.

(4) In the exercise of this power, the Attorney General shall not be subject to the direction or control of any person or authority.

Attorney General and his functions Art 81 Constitution of Negara Brunei Darussalam

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Public Officers’ Law Seminar: Understanding the Law

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Civil Division

Civil Division Advisory 1 Advisory 2 Litigation and Dispute Resolution

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Public Officers’ Law Seminar: Understanding the Law

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  • Attorney General’s Chambers’

vision and mission “To maintain and uphold the rule of law for the country’s stability and prosperity” Civil Division Mission Statement “To Provide Quality Legal Advice and Representation for Government Ministries Department and Agencies”

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Civil Division Core Services

Providing Advisory Services including Drafting of Contracts, MoUs, Statutory Interpretation to the Government Providing litigation support services for all claims initiated by the Government Handling all appearance in court, arbitration etc in civil matters on behalf of the Government

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BIL MATTERS 2013 2014 2015 2016

1 Legal Advice ( received /ongoing) 227 321 201 525 2 Agreement / Contract / Memorandum of Understanding (received / ongoing) 426 390 295 367 3 Advisory and related services in relation to legislation ( received / ongoing ) 59 40 20 11 4 Attendance to Board / Committee Meetings / Meetings (by title) 475 447 370 244 5 Matters Vetted / disposed of by Civil Division for (1), (2), (3) 334 278 259 641 6 Response Time within 14 days for (1),(2),(3) (estimate) 86.09% 89.61% 82.17% 81% 7

  • No. of correspondence received for Advisory Matters

( for information) 307 254 389 223

LEGAL ADVISORY STATISTICS FROM 2013- JUNE 2016

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ADVISORY ( CHART ) FROM 2013 – JUNE 2016

227 321 201 250 426 390 295 133 59 40 20 7 475 447 370 111 334 278 259 371 0.86 0.89 0.82 0.81 307 254 389 98 50 100 150 200 250 300 350 400 450 500 Year 2013 Year 2014 Year 2015 Year 2016 ( January - June) Legal Advice Agreement/Contract/MoU Advisory & Related Services in Relation to Legislation Attendance to Board/Committee Meetings/Meetings Matters Vetted/disposed of by CD Response Time within 14 days for (1)(2)(3)(estimate) No.of correspondence received for Advisory Matters

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LITIGATION AND DISPUTE RESOLUTION FROM 2013 – JUNE 2016

BIL MATTERS 2013 2014 2015 2016

1 Dispute Resolution/ Arbitration 19 33 2 Nil 2 Application under the Children & Young Persons Order 10 16 14 Nil 3 Admission to Legal Profession Act 10 7 4 Nil 4 Tortious claims for and against the Government 8 14 9 Nil 5

  • No. of Government Debt Claims Cases(ongoing)

Amount Recovered (Debt & Costs) 4435 3858 3871 3953 6

  • No. of Hearing

360 329 223 62 7

  • No. of New Cases

128 359 163 117 8

  • No. of claims against Doctors (ongoing)

4 22 22 22 9

  • No. of Settled Files

92 57 166 34 10

  • No. of Correspondences Received

1809 3698 3648 1782 11

  • No. of Correspondences requiring response

980 2586 2870 825 12 Response Time Routine Matters LDRU (estimate) 83% 83% 82.40% 98%

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LITIGATION AND DISPUTE RESOLUTION ( CHART ) FROM 2013 – JUNE 2016

19 33 2 10 16 14 10 7 4 8 14 9 4435 3858 3871 3953 360 329 223 62 128 359 163 117 4 22 22 22 92 57 166 34 1809 3698 3648 1782 980 2586 2870 825 83% 83% 82.40% 98% 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 Year 2013 Year 2014 Year 2015 Year 2016 ( January - June) Dispute Resolution/Arbitration Application under the Children & Young Persons Oder Admission to Legal Profession Act Tortious claims for and against the Government No.of Government Debt Clamis Cases (ongoing) No.of Hearing No.of New Cases No.of claims against Doctors( on going)

  • No. of Settled Files

No.of Correspondences Received No.of Correspondences requiring respone Respone Time Routine Matters LDRU(estimate)

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CLIENTS CASES Municipal Boards Municipal Rates, Building/Stall Rents Ministry of Finance (MOF) (Treasury) Recovery Matters; Car/House Loan/ Overpaid Salary, Bonus, Allowance, Accidents with Government Vehicle Telecom (MOF) Telecom Bills Public Work Department (PWD) Damage / Lost of Government Property Hospital (Ministry of Health) Ward Bills Radio Television Brunei (RTB) Advertisement I Rental of Building Ministry of Education Scholarship Claims MISCELLANOUS (MISC.) Department Electrical Services Electricity Bills Ministry of Welfare Youth & Sport Rental of Building Ministry of Industry & Primary Resource Rental of Building, Loan schemes Economic Planning and Development Finance Scheme Others Miscellaneous Cases, e.g. Recovery of Balance of Advances.

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2013 2014 2015 2016 Others 351 177 72 71 Returned LOD 112 49 27 24 cc (Letters) 33 51 82 40 cc (Memos) 61 218 319 385 Letters 12 58 56 29 Memos 1890 2104 2256 1946 500 1000 1500 2000 2500 3000

Rece eceiv ived Co Corr rrespon

  • ndence for
  • r Ac

Actio ion on

  • n LD

LDRU

Memos Letters cc (Memos) cc (Letters) Returned LOD Others

*Note that the statistic in 2016 is up to January to September

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2013 2014 2015 2016 Misc 9 19 14 9 RTB 2 9 1 Hospital 2 2 PWD 9 14 22 10 Telecom 88 65 6 5 Treasury 9 79 83 7 Municipal 54 541 433 264 100 200 300 400 500 600 700

Num umber of

  • f Le

Letter of

  • f De

Demand Se Sent *Note that the statistic in 2016 is up to January to September

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2013 2014 2015 2016 Total LOD Sent 171 729 561 295 100 200 300 400 500 600 700

Ann nnual Tot

  • tal

l Num umber of

  • f Le

Letter of

  • f Dem

Demand Sen Sent *Note that the statistic in 2016 is up to January to September

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2013 2014 2015 2016 Misc $950.00 $257,510.99 $15,185.71 110,429.76 RTB $60,550.00 $14,800.00 $66,500.00 2,300.00 Hospital $0.00 $1,606.25 $700.00 275 PWD $1,000.71 $1,566.25 $2,811.08 1,291.08 Telecom $108,085.34 $54,491.12 $28,889.88 6,818.95 Treasury $30,699.87 $11,450.00 $20,353.22 28,142.01 Municipal $129,012.16 $937,056.33 $1,579,632.71 1,723,421.01

$0.00 $200,000.00 $400,000.00 $600,000.00 $800,000.00 $1,000,000.00 $1,200,000.00 $1,400,000.00 $1,600,000.00 $1,800,000.00 $2,000,000.00

Amo Amount Rec ecovered

*Note that the statistic in 2016 is up to January to September

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2013 2014 2015 2016 Total Amount Recovered $330,298.08 $1,278,480.94 $1,714,072.60 $1,872,677.84

$0.00 $200,000.00 $400,000.00 $600,000.00 $800,000.00 $1,000,000.00 $1,200,000.00 $1,400,000.00 $1,600,000.00 $1,800,000.00 $2,000,000.00

Annu Annual l Tot

  • tal

l Amou Amount t Rec ecovered

*Note that the statistic in 2016 is up to January to September

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Why do we need Laws?

What is Law? Why the need to have Laws? What if there is no Law? Can we live without Laws?

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LAWS

  • Laws are rules that bind all people living in a community.
  • Laws protect our general safety, and ensure our rights as citizens against abuses by
  • ther people.
  • We have laws to help provide for our general safety for example
  • Laws about food safety, Speed limits and traffic laws exist so that we drive in a safe

manner.

  • Licensing for doctors and nurses ensures proper training of the people who look after

us, and who often have our lives in their hands.

  • We also have laws that protect our rights as citizens and Laws that protect us from

discrimination because of our race, gender, age, or because of a disability.

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Dictionary Definition of Law

A rule usually made by the Government that is used to order the way in which a society behaves

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Civil and Criminal Law Differences

Criminal law can be seen as a set of rules and regulations which, if broken, will result in a punishment

  • f either loss or liberty or a fine. In a Criminal case an
  • ffender is found guilty of a criminal offence, and

he/she may be sentenced by the judge. In a Civil case there is no guilty party. The aim of Civil law is not to punish a wrongdoer but to compensate the victim who has suffered by the actions of another person doing wrong.

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Index to the Laws of Brunei

http://www.agc.gov.bn/AGC%20Site%20Pages/INDEX%20TO%20 THE%20LAWS%20OF%20BRUNEI.aspx

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A-Z Laws examples

  • Accountants Order
  • Buffaloes Act
  • Child Care Centre Act
  • Dogs Act
  • Electricity Act
  • Forest Act
  • Gurkha Reserve Unit Act
  • Halal Meat Act

HOW MANY OF THESE LAWS HAVE YOU HEARD BEFORE??

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A-Z Laws examples

  • KUPUSB Act
  • Legal Professionals Act
  • Mental Health Act
  • News Paper Act
  • Old Age And Disability Pensions Act
  • Public Health (Food) Act
  • Road Traffic Act
  • Second Hand Dealers Act

WAH MACAM MACAM ADA!

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A-Z Laws examples

  • Tobacco Order
  • Undesirable Publications Act
  • Veterinary Surgeons Order
  • Workplace Safety and Health Order
  • Yayasan Haji Hassanal Bolkiah Act

DARI A SAMPAI Y! Z NADA

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Who are the custodians of the laws?

  • Implementation and Enforcement of the Laws are on the

“Owner” of the Laws

  • Therefore it is vital for you to know the laws, know your

jurisdiction, know your powers, limitations and powers of enforcement

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KNOW “YOUR LAWS”

For example Medical Practitioners and Dentist Act http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap112.pdf The objectives of the Act – to provide for registration of medical practitioners and dentists Know the interpretations- medical practitioner, dentist, practice dentistry, practice surgery or medicine, Registrar Know the Obligations- a register, Director of Medical Services, gazetting of names of practitioners, qualifications, practising certificates, prescribed forms Penalties- criminal sanctions, disciplinary, removal from register

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KNOW YOUR LAWS

  • For example
  • Public Entertainment Act

http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap181.pdf

  • Objectives: To regulate public entertainment and for matters connected

therewith

  • Definition of public entertainment, exemptions, prohibitions,

conditions and licensing, refusal, cancellation, fees, appointment of licensing officers

  • Powers of entry and inspections, arrest, penalties
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Conclusions

  • You don’t need to be a qualified lawyer to understand the law, as

you are the custodian and implementer

  • Vital for you to know your laws “inside out” to ensure just and

proper enforcement of the laws

  • Welcome to refer to the AGC for legal advice on matters which

concerns you eg interpretations (or misinterpretations), proposals for amendments etc

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Public Officers’ Law Seminar : Understanding the Law 26th and 27th October 2016

www.agc.gov.bn

QUESTION AND ANSWER SESSION

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Public Officers’ Law Seminar : Understanding the Law 26th and 27th October 2016

www.agc.gov.bn

suhana.sudin@agc.gov.bn 8725537

THANK YOU