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Cook Islands Sessional Legislation |
COOK ISLANDS
ANALYSIS
Title
1.
Short Title and commencement
2.
Interpretation
3.
Application
PART
I
OFFICE
OF THE PUBLIC SERVICE COMMISSIONER
4. Public Service
Commissioner
5. Functions of the
Commissioner
6. Annual
report
7. Delegation of powers of
Commissioner
8. Investigations and
inquiries
9. Employees of the
Commissioner
PART
II
THE
PUBLIC SERVICE
10. Appointments to Public
Service
11. Appointments of heads of
department
12. Appointments to
exempted positions
13. Delegation by
head of department
14. Principal
responsibilities
15. Head of
department to appoint and be responsible for
employees
16. Functions,
responsibilities, duties and
powers
17. Duty to act as a good
employer
18. Evidence of
appointments
19.
Redundancy
20. Failure to comply with
a direction to transfer
21. Notice of
termination of employment
22.
Promotion and salary increments
23.
Temporary salaried employees
24. Wage
Workers
25. Expatriate
employees
26. Employment pursuant to
written contract
PART
III
CODE
OF CONDUCT
27. Private employment and
elections
28. Fees for official
services
29. Employees
obligations
PART
IV
COLLECTIVE
BARGAINING PERMITTED
30. Collective Bargaining
Permitted
PART
V
APPEALS
31. Appeal
Board
32. A member not to act on an
appeal affecting himself or his
department
33. Deputies to be
members
34. Remuneration of Board
members
35. Rights of
appeal
36. Notice of
appeal
37. Jurisdiction of
Board
38. Services for
Board
PART
VI
MISCELLANEOUS
PROVISIONS RELATING TO THE PUBLIC SERVICE
39. Staff of Queen's
Representative
40. Medical
examinations
41. Bonds and
loans
42.
Regulations
43. Notices to
employees
PART
VII
STATE
SERVICE
44. State Services
defined
45. Employing authority
defined
46. Employing authority to have regard to the classification and salaries of employees
PART
VIII
MISCELLANEOUS
47.
Transitional
48.
Repeals
Schedule
------------------------------------
1995-96, No. 9
An Act to consolidate the law relating to the Public Service and to ensure that its members are impartially selected, fairly remunerated and administratively competent and to make provision for State Services and for the Human Resource Development of members of the Public Service
(31st May 1996
BE IT
ENACTED by the Parliament of the Cook
Islands in Session assembled, and by the authority of the same as
follows:
1.
Short Title
and commencement - (1) This Act may be
cited as the Public Service Act
1995-96.
(2) This Act shall come
into force on a date to be appointed by the Queen's Representative, by Order in
Executive Council.
2.
Interpretation
- In this Act, unless the context otherwise requires -
"Appropriate Minister" in relation to a department means:
(a) the Minister responsible for the department; or
(b) where 2 or more Ministers are responsible for different functions of a department, the Minister responsible for the relevant function of the department.
"Board" means the Public Service Board of Appeal established by section 31 of this Act.
"Commissioner" means the Public Service Commissioner appointed pursuant to Article 73 of the Constitution;
"Department" means any Government Department and includes any Crown appointed office, agency or instrument prescribed by regulation in accordance with section 42(d) of this Act;
"Employee", in relation to the Public Service, means a person employed therein, whether on the permanent staff or temporarily or as a casual employee whether by way of written contract or otherwise;
"Employer" in relation to the Public Service means every head of department or Chief Executive Officer of a Crown appointed office and includes any person to whom any or all of the responsibilities set out in section 15 are delegated;
"Head of department" means a person appointed pursuant to section 11;
"Minister" means the Minister responsible for the Public Service;
"Prescribed" means prescribed by regulations made under this Act;
"Public Service" shall comprise those employees in the service of the Government of the Cook Islands and who are employed within those departments, agencies or other instruments as shall be prescribed under section 42(d).
3.
Application
- Unless the context shall otherwise require, this Act shall apply to the Public
Service.
PART
I
OFFICE
OF THE PUBLIC SERVICE COMMISSIONER
4.
Public
Service Commissioner - (1) There is
hereby established the Office of the Public Service
Commissioner.
(2) There shall from
time to time be a Public Service Commissioner appointed by the Queen's
Representative upon the advice of the
Prime Minister who shall be responsible to
the Minister for the administration of this
Act.
5.
Functions of
the Commissioner - (1) Subject to the
provisions of this Act, the Commissioner shall in respect of the Departments of
the Public Service be responsible
for -
(a) reviewing the machinery of Government;
(b) investigating any dispute between an employer and an employee and making a recommendation as to how the dispute should be settled;
(c) ensuring the completion and compliance with heads of departments employment contracts, and performance agreements;
(d) advising classification or levels of salary in accordance with section 46 of this Act.
(2)
In carrying out his functions the Commissioner shall have regard to the policies
of Government as communicated to the Commissioner
from time to time by the
Minister in writing.
6.
Annual
report - (1) The Commissioner shall as
soon as practicable after the end of each financial year furnish a report to the
Minister relating
to the operations of the Commissioner for that
year.
(2) A copy of the report
shall be laid before Parliament within 14 days after the date on which it is
furnished to the Minister if
Parliament is then in Session and if not, shall be
laid before Parliament within 14 days of the date of the commencement of the
next
ensuing Session.
7.
Delegation of
powers of Commissioner - (1) The
Commissioner may from time to time, either generally or particularly, delegate
any of his powers to any other person or
persons.
(2) In any case where the
Commissioner has pursuant to subsection (1) delegated any of his powers to any
person, that person may,
with the prior approval of the Commissioner delegate
such of those powers as the Commissioner approves to any other person or to
the
holder for the time being of any specified office in the Public
Service.
(3) Subject to any
general or special directions given by the Commissioner, the person to whom any
powers are so delegated may exercise
those powers in the same manner and with
the same effect as if they had been conferred on him directly by this Act and
not by delegation.
(4) Every
person purporting to act pursuant to any delegation under this section shall, in
the absence of proof to the contrary, be
presumed to be acting in accordance
with the terms of the
delegation.
(5) Any delegation
under this section may be made to a specified person or to persons of a
specified class, or to the holder or holders
for the time being of a specified
office or of specified classes of
offices.
(6) Every such delegation
shall be revocable in writing at will and no delegation shall prevent the
exercise of any power or function
by the
Commissioner.
(7) Any such
delegation shall, until it is revoked, continue in force according to its tenor,
notwithstanding any change of
Commissioner.
8.
Investigations
and inquiries - (1) Where an employee has
a complaint or dispute with an employer, the employee shall refer that complaint
or dispute to the employer
who shall attempt to resolve the complaint or
dispute.
(2) Where an employer and
employee cannot resolve a complaint or dispute, then that complaint or dispute
shall be referred to the
Commissioner who shall investigate and make a
recommendation to the employer as to how the complaint or dispute should be
determined.
(3) In the event of an
employee or an employer not being satisfied with the recommendation made by the
Commissioner or in the event
of an employer refusing to follow the
recommendation of the Commissioner, then either the employee or the employer as
the case may
be shall have the right of appeal to the
Board.
(4) Payment of any fees or
expenses incurred in connection with any such investigation or inquiry shall be
paid in accordance with
regulations made under this Act and appropriated by
Parliament for such purpose.
9.
Employees of
the Commissioner - There shall from time
to time be appointed by the Commissioner's Chief Executive Officer in
consultation with the Commissioner
pursuant to the provisions of this Act such
employees as may be necessary to enable the Commissioner to carry out his
functions and
duties and those employees shall have all such powers, duties and
functions as may be lawfully conferred upon them by law.
PART
II
THE
PUBLIC SERVICE
10.
Appointments
to Public Service - All promotions and
all appointments to the Public Service shall be made in accordance with this
Act.
11.
Appointments
of heads of department - (1) Any
promotion or appointment to the position of head of a department, regardless of
their title or designation, of the Cook
Islands Public Service, other than those
specified in subsection (2) of section 12, shall be made by the Commissioner in
accordance
with a decision of Cabinet and pursuant to a contract of employment
having such terms and conditions as shall have been approved
by
Cabinet.
(2) No appeal shall lie
to the Board or any Court against an appointment or promotion to the position of
head of a department.
12.
Appointments
to exempted positions - (1) The positions
specified in subsection (2) are hereby designated as exempted
positions.
(2) The exempted
positions shall be -
(a) the Secretary to the Cabinet;
(b) the Government Representative for each of the islands of the Cook Islands other than Rarotonga;
(c) every head of department of the Public Service.
(3)
Notwithstanding any provision of this Act to the contrary relating to the
appointment or removal of employees, appointments to
exempted positions and the
terms and conditions of that appointment and removal of any person from an
exempted position shall be
made by the Public Service Commissioner in accordance
with a decision of Cabinet.
(4) No
appeal shall lie to the Board or any Court against an appointment to an exempted
position.
13.
Delegation by
head of department - The head of
department may from time to time in writing either generally or particularly,
delegate to any employee of the Public
Service as he thinks fit all or any of
the powers exercisable by the head of department under this Act, including the
powers delegated
to the head of department under this section including this
present power of delegation.
14.
Principal
responsibilities - The head of a
department shall be responsible to the appropriate Minister for -
(a) the carrying out of the functions and duties of the department including the implementation of Government policies;
(b) the tendering of advice to the appropriate Minister and other Ministers of the Crown;
(c) complying with the obligations under the Finance and Economic Management Act 1996;
(d) complying with the obligations pursuant to his employment contract and performance agreement;
(e) the efficient effective and economic management of the activities of the department.
15.
Head of
department to appoint and be responsible for
employees - Notwithstanding anything in
section 14, in matters relating to decisions affecting employees of a department
(whether matters relating
to the appointment, remuneration, promotion, demotion,
transfer, disciplining or the cessation of the employment of any employee
or
other matters) the head of that department shall act independently having regard
to his obligation under section 17 of this
Act.
16.
Functions
responsibilities, duties and powers - (1)
The functions, responsibilities, duties and powers imposed on or given to a head
of department by this Act are in addition
to those imposed on or given to that
head of department by or under any other
Act.
(2) The head of a department
shall have the powers necessary to carry out the functions, responsibilities and
duties imposed on that
head of department by or under this Act, as well as the
powers necessary to carry out the functions, responsibilities and duties
imposed
on that head of department by or under any other
Act.
17.
Duty to act
as a good employer - (1) In exercising
the functions, responsibilities, and duties as head of department or in the case
of a Crown appointed office,
the Chief Executive Officer in employment matters,
the head of department or the Chief Executive Officer as the case may be, shall
be a good employer.
(2) For the
purposes of this section, a "good employer" is one who operates a personnel
policy containing provisions generally accepted
as necessary for the fair and
proper treatment of employees in all aspects of their employment including
provisions requiring:
(a) good and safe working conditions;
(b) the impartial selection of suitably qualified persons for appointment;
(c) opportunities for the enhancement of the abilities of individual employees.
18.
Evidence of
appointments - (1) Any appointment to
ally office or position in the Public Service shall be made, confirmed or
approved in writing by an instrument
or minute by the Commissioner or the
employer (as the case may be) or by any person to whom either may have delegated
power in that
behalf and, notwithstanding anything to the contrary in any
enactment, it shall not be necessary for the Commissioner, or employer
or any
person to whom the power of appointment made have been delegated to execute any
formal warrant or other instrument in special
form.
(2) A certificate signed by
the Commissioner or employer that any person named in the certificate was
appointed to any office or position
in the Public Service from and including a
day stated therein shall be sufficient evidence that the person so named was
duly appointed
to and continued to hold the office or position unless the
contrary is proved.
19.
Redundancy
- If at any time an employer finds that a greater number of person are employed
in that department than is considered necessary for
the efficient working
thereof, such persons as are redundant may, (if practicable) be transferred to
any other department by the
Commissioner with the consent of the employer of
that department to which the transfer is to be made and if any person so found
to
be redundant cannot be usefully employed in any other department, the
employer may terminate his
employment.
20.
Failure to
comply with a direction to transfer - Any
employee who fails to comply with a direction of an employer requiring him to
transfer from one position or locality to another
may forthwith be dismissed or
demoted with a consequent reduction in remuneration unless, in the opinion of
the employer, the employee
justifies the non-compliance by adducing some valid
and sufficient reason thereof, but subject to the employer's obligations
pursuant
to section 17 of this
Act.
21.
Notice of
termination of employment - (1) Subject
to the express provisions of any written contract of employment, every employee
who is not a temporary salaried employee
or wage worker, shall be deemed to be a
four weekly employee and notwithstanding any other provision in this Act, that
employment
may be terminated at any time after four weeks notice in writing has
been given -
(a) by the employer to the employee; or
(b) by the employee to the employer.
(2)
An employer may forthwith terminate the employment of any employee who gives
less than four weeks notice under this
section.
(3) This section shall
not derogate in any manner from any other provisions of this Act conferring a
power to dismiss employees.
22.
Promotion and
salary increments - Subject to the
provisions of this Act, an employer may award to an employee a promotion or
salary increment and any such promotion
or salary increment shall be based upon
merit, efficiency and conduct.
23.
Temporary
salaried employees - (1) An employer may
engage such temporary salaried employees as may from time to time be required
and may dismiss any person so
engaged with not less than 1 week's notice, or, in
the case of misconduct or inability, without notice. No action shall lie in any
Court or to the Board in respect of the dismissal of any temporary salaried
employee except in the case of a breach of section 17
of this Act during the
course of the employment.
(2)
Temporary salaried employees shall be paid such remuneration and be subject to
such conditions of employment as may be determined
by the
employer.
24.
Wage
workers - (1) Where any work required to
be done by any department does not warrant the employment of permanent staff by
reason of its temporary,
fluctuating, or special nature, an employer may
authorise the engagement of wage workers by the
department.
(2) Wage workers may
with not less than 1 week's notice be discharged by the employer, or in the case
of misconduct or inability without
notice.
(3) The wage rates and
conditions of employment of wage workers shall be as determined by the
employer.
(4) In the employment of
wage workers the employer must comply with the obligations imposed by section 17
of this Act, and the appeal
provisions provided in this Act shall be available
to any such wage worker.
25.
Expatriate
employees - (1) An employer may, with the
concurrence of Cabinet, employ persons from outside the Cook Islands to a
position within his
department.
(2) All persons
appointed pursuant to this section shall be employed for such period and upon
terms and conditions as shall be approved
by Cabinet in a written
contract.
26.
Employment
pursuant to written contract - (1) Where
any work required to be done by any department is of a special nature requiring
specialised skills or expertise, or the
circumstances of the person who is to
undertake the work are such that it would be inappropriate for that person to be
employed within
the Public Service, an employer may employ that person pursuant
to a contract of service.
(2) No
provision of this Act shall apply to any person employed pursuant to subsection
(1).
PART
III
CODE
OF CONDUCT
27.
Private
employment and elections - (1) Except
with the express written permission of the employer, which may at any time be
withdrawn, no employee shall accept or
continue to hold or discharge the duties
of any other paid office outside the Public Service, or engage (whether as
principal or
agent) or be employed in any other paid occupation outside the
Public Service, which in the opinion of the employer is incompatible
with the
due performance and proper discharge of his duties as an employee to the Public
Service, provided that an employee shall
have a right of appeal to the Board in
respect of a decision by the employer pursuant to this
section.
(2) A public servant who
intends becoming a candidate for election to Parliament shall resign from the
Public Service before accepting
nomination as a candidate for election to
Parliament.
28.
Fees for
official services - (1) Unless otherwise
provided in this Act or any other enactment no fee, reward, or remuneration of
any kind whatsoever, beyond
an employees remuneration and approved allowances,
shall be received by any employee for the employees own use or benefit for the
performance of any service on behalf of the
Government.
(2) Where an employee
who is required to perform any service for which a charge would lawfully be
payable, then that charge shall
be levied and the amount paid shall be paid into
the Public Account or into the account of the department
concerned.
29.
Employees
obligations - Every employee shall comply
with -
(a) generally accepted behaviour in the conduct of his employment;
(b) any reasonable direction given by an employer.
PART
T
IV
COLLECTIVE
BARGAINING PERMITTED
30.
Collective
Bargaining Permitted - (1) On behalf of
its members an employees' representative may negotiate with any employer for
scales of remuneration and terms
and conditions of employment to be fixed for
employees.
(2) Notwithstanding any
provisions of this Act to the contrary, a scale of remuneration or a term and
condition of employment so fixed
for any category of employees shall be the
minimum amount payable, and the minimum terms and conditions applicable to an
employee
within that category.
PART
V
APPEALS
31.
Appeal
Board - (1) There shall be a Cook Islands
Public Service Board of Appeal which shall consist of -
(a) the Chief Justice of the High Court;
(b) one person, being an employee or former employee of the Cook Islands Public Service, to be appointed by, and hold office at the pleasure of the Queen's Representative, acting on the advice of the Prime Minister;
(c) one person, being an employee or former employee of the Cook Islands Public Service, to be elected by the employees of that service or nominated by an organisation of those employees, and to hold office for a period 3 years.
(2)
The Chief Justice shall be Chairman of the
Board.
(3) In the absence of the
Chief Justice from any sitting of the Board, any other Judge of the High Court
nominated by him either generally
or in any particular case, may attend the
sitting in his stead, and while so attending shall be Chairman of the
Board.
(4) In the absence of the
Chief Justice or other Judge nominated pursuant to subsection (3), the person
for the time being holding
office as Ombudsman may attend the sitting in his
stead, and while so acting, shall be Chairman of the
Board.
(5) Subject to the
provisions of any Act, the Board shall determine its own
procedure.
32.
A member not
to act on an appeal affecting himself or his
department - No member of the Board shall
sit on the Board on any appeal affecting an employee employed in the department
or office in which
the member is employed, or on any appeal affecting himself or
his immediate family.
33.
Deputies to
be members - (1) In the event of the
unavoidable absence or disqualification under section 32 of a member (other than
the chairman) of the Board,
the Queen's Representative acting on the advice of
the Prime Minister (in the case of a member appointed pursuant to section 31(b)
or in respect of the member nominated pursuant to section 31(c) may appoint a
person being an employee or former employee of the
Public Service to act in the
place of the member who is absent or
disqualified.
(2) No appointment
of a deputy member under this section shall in any proceedings be called in to
question on the grounds that the
occasion for the appointment had not arisen or
had ceased.
34.
Remuneration
of Board members - (1) A member of the
Board of Appeal including a deputy member who is in receipt of a salary from
Government shall not be granted
remuneration in addition to his salary while he
acts as a member of the Board of Appeal except where the Board sits outside of
normal
work hours.
(2) Any other
member of the Board of Appeal may be paid out of the public account, such
remuneration, expenses and allowances as may
be determined by the Queen's
Representative by Order in Executive
Council.
35.
Rights of
appeal - (1) Subject to the provisions of
this Act, every employee shall have a right of appeal to the Board where any
dispute arises in
relation to -
(a) any decision action or conduct by an employer that is contrary to that of a good employer as defined by section 17;
(b) any decision of the employer to transfer the employee from one locality to another within the Cook Islands;
Provided that an appeal under this paragraph shall lie only on grounds of undue personal hardship and provided also that the fact an appeal is pending under this paragraph shall not relieve the employee of his obligation to comply with the decision of the employer pending a decision on the appeal, unless the chairman of the board, on an application made to him in that behalf and on being satisfied that a prima facie case of undue hardship is established, directs that the employed shall not be so transferred pending the decision of the board.
(c) any other decision in respect of which a right of appeal is expressly conferred by this Act or any other enactment.
(2)
For the purposes of paragraph (b) of subsection (1) a transfer shall not mean a
temporary posting not exceeding 3 months to another
locality when a travelling
allowance is payable for the whole of the absence from the usual place of
employment.
(3) The appeal shall
be by way of rehearing provided however that the Commissioner shall submit to
the Board a written report of his
investigation and recommendation and may at
the discretion of the Board be called before the Board at the appeal hearing to
answer
any query or clarify any matter contained in the
report.
(4) A copy of the
Commissioner's report shall be available to the employer and employee not less
than 7 days prior to the commencement
of any appeal
hearing.
36.
Notice of
appeal - Every appeal shall be commenced
by notice specifying with particularity the grounds for appeal and shall be
forwarded to the Board
and a copy to the respondent to be received by him within
21 days after the date on which the recommendation of the Commissioner
has been
notified to either the employee or employer concerned, or within such extended
time as the Board may in any case allow after
good and sufficient reason has
been shown by the appellant. An appellant shall be deemed to have complied with
the provisions of
this section if the appellant establishes to the satisfaction
of the Board that the notice of appeal was dispatched to the Board
in time for
it to have been received at the office of the Board in the normal course of
postal delivery on or before the last day
fixed for the receipt of the notice.
Provided that an employee stationed on an island of the Cook Islands other than
Rarotonga shall
be deemed to have complied with the requirements of this section
if the notice of appeal is handed to the senior person on that island
for the
department in which the appellant is employed and the Government Representative
for the island at which the appellant is
stationed on or before the last day
fixed for the receipt of the
notice.
37.
Jurisdiction
of Board - (1) The Board shall have
jurisdiction to hear and determine every appeal forwarded under section 35 and
for this purpose to summons
witnesses, and to examine the witnesses on oath or
otherwise. On any appeal the Board may receive such evidence as it thinks fit,
and receive any statement, document, information, or matter which in the opinion
of the Board may assist it to deal with the matters
before it, whether or not
the same would be admissible in a Court of
law.
(2) In deciding any appeal
the Board may allow or disallow the
appeal.
(3) If the Board allows
the appeal it may provide for one or more of the following
remedies:
(a) the reimbursement to the employee of a sum equal to the whole or any part of the wages, salary or other money lost by the employee due to any breach by the employer of the obligations to be a good employer;
(b) reinstatement of the employee to the employee's former position or the placement of the employee in a position no less advantageous to the employee;
(c) the payment to the employee of compensation including compensation for;
(i) humiliation loss of dignity and injury to the feelings of the employee;
(ii) loss of any benefit whether or not of a monetary kind which the employee might reasonably have been expected to obtain if the employer had not breached the obligation to be a good employer.
(d) any other order the Board deems just;
Provided however that no sum of compensation (other than in the case where an employee is reinstated having been suspended without pay and only to the extent that the compensation is for the loss of salary or wages he would have otherwise received), shall exceed 3 month's salary of that employee.
(4)
In every appeal the onus of proof shall rest upon the
appellant.
(5) The proceedings of
the Board shall not be open to the
public.
(6) Any person authorised
by the Board may attend the
hearing.
(7) At the hearing of any
appeal the employee or employer may be represented by counsel or other
advocate.
(8) At the hearing of
any appeal the appellant and the respondent shall be entitled to be
present.
(9) Appeals affecting
more than one appellant shall not be heard together, unless the Board otherwise
directs.
(10) Proceedings before
the Board shall not be held bad for want of
form.
(11) No appeal shall lie
from any decision of the Board except on the ground of lack of jurisdiction, but
otherwise no proceedings
or decision of the Board shall be liable to be
challenged, reviewed, quashed, or called into question in any
Court.
(12) The Board shall within
the scope of its jurisdiction be deemed to be a Commission of Inquiry under the
Commissions of Inquiry Act 1966 and, subject to the provisions of this Act, all
the provisions of that Act except sections 13 and 14 (which relate to costs)
shall
apply accordingly.
(13) An
appellant, if his appeal is allowed, shall be entitled to a refund out of money
appropriated by Parliament for the purpose,
of actual and reasonable personal
travelling and accommodation expenses incurred within the Cook Islands in
attending the hearing;
but if the appeal is not allowed, the appellant shall not
be entitled to a refund of any such
expenses.
(14) If in the opinion
of the Board any appeal under this section is frivolous or vexatious, or one
that should not have been made,
the appellant shall not be entitled to a refund
of expenses and the Board may order him to pay the cost of the appeal in whole
or
in part, and the sum so ordered to be paid shall be recoverable by deduction
from the salary of the appellant, or as a civil debt
recoverable by action
through the High Court.
38.
Services for
Board - The Registrar of the High Court
shall furnish such secretarial, recording, and clerical services as may be
deemed necessary to
enable the Board to discharge its functions.
PART
VI
MISCELLANEOUS
PROVISIONS RELATING TO THE PUBLIC SERVICE
39.
Staff of
Queen's Representative - (1) Except as
provided in subsection (2) the appointment, terms of service, disciplinary
control, termination of appointment, and
dismissal of staff of the Queen's
Representative shall be matters for the Queen's Representative, acting in his
discretion.
(2) The Queen's
Representative, if he so desires, may appoint to his staff such employees of the
Cook Islands Public Service as he
may select, acting in his discretion but after
consultation with the Prime Minister, from a list submitted by the Commissioner,
and
the provisions of this Act shall not apply in relation to a person so
appointed in respect of his service to the Queen's
Representative.
40.
Medical
examinations - An employer may require
any applicant for appointment to the Public Service or any employee to submit
himself to medical examination
by a registered medical practitioner at the
employee's own expense.
41.
Bonds and
loans - (1) Any employee or prospective
employee to whom money is advanced, or on whose behalf expenditure is incurred
in connection with
transportation, education, training, or sustenance, or for
any other special purpose, may be required as a condition for that advance
or
expenditure to sign a bond or loan agreement requiring him to pay to the Crown
the sum therein specified if he makes default in
the performance of any
condition of the bond or loan
agreement.
Provided that the said
amount shall be reduced during the currency of the bond or loan by an amount
equivalent to the proportion that
the service rendered by the employee in
accordance with a condition of the bond or loan agreement bears to the full
period of service
required for the discharge of the bond or
loan.
(2) The Commissioner or any
employer may require that such a bond or loan agreement shall also be signed by
a parent or guardian,
or by some other person approved by the Commissioner or
employer as surety or guarantor; and the parent or guardian or person who
so
signs shall be jointly and severally liable
thereunder.
(3) Every such bond or
loan agreement shall be enforceable against the employee or prospective employee
and the surety or guarantor
who signs it, notwithstanding anything in this Act
or any other Act or any rule of
law.
42.
Regulations
- (1) The Queen's Representative may from time to time, by Order in Executive
Council, make regulations so as to give effect to all
or any of the purposes of
this Act, including regulations for all or any of the following:
(a) relating to the conduct of employees or of any class thereof, the maintenance of integrity; the control of activities which are or may be detrimental to the performance of official duties, the furnishing of official information, and the maintenance of impartiality in the performance of official duties;
(b) prescribing conditions of retirement;
(c) prescribing the form of documents to be employed in dealing with staff and employment and appeal matters; and
(d) identifying those departments agencies or other instruments, the employees of which shall be subject to the provisions of this Act;
(e) providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
(2)
Every regulation made under this section shall come into force on a date to be
specified therein in that behalf (whether before
or after the date of the Order
in Executive Council making the regulation), and if no such date is specified
shall come into force
on the date on which the regulation was
made.
(3) Upon the coming into
force of regulations made pursuant to this section every determination, decision
matter or thing made or
done before the date of their coming into force and
affected by those regulations and not inconsistent therewith shall remain in
force and be deemed to have been determined, decided or made pursuant to those
regulations but where inconsistent shall cease to
exist unless otherwise
provided by those regulations.
43.
Notices to
employees - Where any notice has to be
given under this Act to any employee, it may be given -
(a) by delivering it to the employee; or
(b) by sending it to the employee in a letter addressed and posted to him at his usual place of employment or at his last known place of abode.
PART
VII
STATE
SERVICES
44.
State
Services defined - For the purposes of
this Part, State Services shall include all instruments of the Crown in respect
of the Government of the Cook
Islands, whether departments, corporations,
agencies, or other instruments which are not prescribed departments agencies or
other
instruments pursuant to section
42(d).
45.
Employing
authority defined - For the purposes of
this Part, an employing authority in relation to a State Service shall mean the
person or body designated by
any enactment as the employing authority in respect
of that service and if no such person or body is designated (for lack of
enactment
or otherwise) shall mean the Minister responsible for that service or
such person or persons designated for the purpose by that
Minister.
46.
Employing
authority to have regard to the classification and salaries of
employees - (1) For the purposes of
establishing uniformity as between the Public Service and State Services and in
the interests of relativity
every employing authority shall, in the performance
of its functions, have regard to the classification and salaries of employees
of
the Public Service.
(2) The
Commissioner shall for the purposes of subsection (1) make available to each
employing authority from time to time the applicable
classification and salaries
of employees of the Public Service together with such assistance as may be
requested by an employing
authority.
PART
VIII
MISCELLANEOUS
47.
Transitional
- (1) From the date of commencement of this Act every decision, determination,
matter or thing not inconsistent with this Act and
made or done pursuant to the
enactments repealed or revoked by this Act, shall be deemed to have been made or
done under this Act
and shall continue to apply to all employees
affected.
(2) The Public Service
Commissioner, and every employee of the Public Service Commissioner, holding
office before the commencement
of this Act shall, after the commencement of this
Act continue to hold office subject to the provisions of this
Act.
(3) Every person employed
within the Public Service immediately before the commencement of this Act shall,
after the commencement
of this Act and if employed within a department
prescribed pursuant to section 42(d), continue to be employed subject to the
provisions
of this Act.
(4) In any
case in which immediately before the commencement of this Act an appeal to the
Board of Appeal, the High Court of the Cook
Islands, or the Court of Appeal of
the Cook Islands was pending, that appeal may be continued after the
commencement of this Act,
and shall otherwise be heard and disposed of under the
law in force immediately before the commencement of this Act as if that law
had
continued in force.
(5) Every
regulation, and every instruction published in the Public Service Manual which
was in force immediately before the commencement
of this Act shall on the coming
into force of this Act be
revoked.
48.
Repeals
- The enactments specified in the Schedule are repealed.
_______
This Act is administered in the Office of the Public Service Commissioner
_______
SCHEDULE
Enactments
Repealed
Public Service Act
1975
Public Service Amendment Act
1977
Public Service Amendment Act
1980
Public Service Amendment Act (No.
2) 1980/81
Public Service Amendment
Act (No. 3) 1980/81
Public Service
Amendment Act 1990
Public Service
Amendment Act 1991
Public Service
Amendment (No. 2) Act 1991
Public
Service Regulations 1967
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