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Public Service Act [Cap 74]

Repealed by the Public Service Act 1999

LAWS OF FIJI

Ed. 1978

CHAPTER 74

PUBLIC SERVICE

ARRANGEMENT OF SECTIONS

SECTION
1. Short title.
2. Interpretation of terms and application.
3. Additional powers of the Commission.
4. Powers of Commission in respect of statutory bodies.
5. Functions of the Commission in respect of the Public Service.
6. Annual reports.
7. Delegation of powers and functions.
8. Power to summon witnesses, etc.
9. Functions of Permanent Secretary.
10. Transfers.
11. Committee to advise on remuneration for certain offices.
12. Disciplinary offences.
13. Establishment of Public Service Appeal Board.
14. Rights of appeal by officers appointed by the Commission.
15. Offence to attempt to influence Appeal Board.
16. Regulations.
17. General orders and saving.
18. Instructions.
19. Offence to attempt to influence Commission.

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CHAPTER 74
PUBLIC SERVICE

Acts Nos. 4 of 1974, 9 of 1975

AN ACT TO CONFER POWERS AND FUNCTIONS ON THE PUBLIC SERVICE COMMISSION IN ADDITION TO THOSE CONFERRED UPON THE COMMISSION BY THE CONSTITUTION AND TO PROVIDE FOR APPEALS FROM THE DECISIONS OF THE PUBLIC SERVICE COMMISSION

[15th March, 1974]

Short title

1. This Act may be cited as the Public Service Act.

Interpretation of terms and application

2.-(1) In this Act, unless the context otherwise requires-

"Appeal Board" means the Public Service Appeal Board established under section 13;

"Association" means the staff associations registered pursuant to the Trade Unions Act and recognised by the Commission for the purposes of negotiating with it on behalf of any employee;

"Commission" means the Public Service Commission as constituted under section 104 of the Constitution;

"Commissioner" means a member of the Commission;

"Department" means a Ministry of the Government or a Department within such a Ministry;

"employee" means a person employed in the Public Service;

"officer" means a person holding or acting in any public office as defined in the Constitution but does not include a wage earner;

"other service commissions" means the Judicial and Legal Services Commission constituted under section 101 of the Constitution and the Police Service Commission constituted under section 106 of the Constitution;

"Permanent Secretary" means the officer responsible to a Minister for the supervision of a Department or a group of Departments within a Ministry;

"Public Service" means the service of the Crown, in any capacity in respect of the Government of Fiji other than in a military capacity;

"statutory body" means any statutory body, other than a Department, created by any written law and responsible to a Minister;

"wage earner" means a person employed by reference to any rate of remuneration or payment other than an annual one.

(2) All the powers vested in the Commission under this Act shall be in addition to the powers vested in the Commission under the Constitution and shall not be in derogation or variation of any of those powers.

(3) For the avoidance of doubt, it is hereby declared that in the event of any powers vested in the Commission under, or otherwise arising out of or in consequence of, this Act being in conflict with any of the powers vested in the Commission or in the other service commissions under or by virtue of the Constitution the powers so vested under or by virtue of the Constitution shall prevail and shall remain in full force and effect.

Additional powers of the Commission

3. The Commission shall, subject to the directions of the Minister, have the powers necessary to perform the functions and carry out the duties described in this Act in addition to the functions and duties vested in it under its powers under the Constitution and any other written law.

Powers of Commission in respect of statutory bodies

4.-(1) The Commission shall, when directed by the Minister at the request of a Minister responsible for any statutory body, associate itself with the head of that statutory body in the investigation of its organisation, methods, or procedures:

Provided that, when reporting to the Minister, the Commission shall ensure that a copy of its report is sent to the Minister responsible for the statutory body so investigated.

(2) The Commission shall, when directed by the Minister at the request of a Minister responsible for any statutory body-

(a) provide or cause to be provided to that statutory body, management consultation services including advice as to efficient work and control methods and techniques, data processing equipment, and problems of organisation; and

(b) furnish or cause to be furnished advice on and assist with the training of the staff of that statutory body.

Functions of the Commission in respect of the Public Service

5.-(1) The Commission shall, in respect of the Public Service, be responsible for-

(a) reviewing the machinery of government, including the desirability of or need for the creation of new Departments and the amalgamation or abolition of existing Departments, the co-ordination of the activities of Departments and, subject to the provisions of any other written law, the extent and nature of the controls exercised over the operations of a Department;

(b) reviewing the efficiency and economy of the Public Service, including the discharge by Permanent Secretaries of the responsibilities placed on them by this Act or by any other written law;

(c) the provision of suitable office accommodation and the prescription and supervision of the physical working conditions of all employees in the Public Service;

(d) approving and reviewing establishments and the grading of posts;

(e) acting as the central personnel authority for the Public Service;

(f) prescribing training programmes for and assisting with the training of employees;

(g) providing or causing to be provided management consultation services, including advice as to efficient work and control methods and techniques, data processing equipment, and problems of organisation.

(2) The Commission is empowered at all times in respect of the Public Service to carry out such inspections and investigations, and is entitled to receive such reports, as it considers necessary to advise any Permanent Secretary or to report to the Minister regarding the matters dealt with in this section or on such other matters as the Minister may direct.

Annual reports

6.-(1) The Commission shall as soon as is practicable after the thirtieth day of June in each year furnish to the Minister a report on the state of the efficiency and economy of the Public Service, and on the operations of the Commission under this Act for the year ending with that date.

(2) A copy of the report shall be laid before the House of Representatives within thirty days after the date on which it is furnished to the Minister if the House is then sitting but, if the House is not sitting at the end of such thirty days and the report has not already been laid before the House by the end of such period, it shall be laid before the House during its next meeting.

Delegation of powers and functions

7.-(1) The Commission may from time to time, either generally or particularly, delegate any of its powers and functions under this Act to a Commissioner or to any officer.

(2) In any case where the Commission has, pursuant to subsection (1), delegated any of its powers to a Commissioner or any officer, that Commissioner or officer may, with the prior approval in writing of the Commission, delegate such of those powers to any other officer.

(3) Subject to any general or special directions given by the Commission, the Commissioner or officer to whom any powers or functions are so delegated may exercise those powers or functions 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 Commissioner and every other 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 Commission or by the person otherwise delegating the power or function.

(7) Any such delegation shall, until it is revoked, continue in force according to its tenor, notwithstanding any changes in the membership of the Commission.

(8) Any investigation or inquiry which the Commission is empowered to conduct under this Act may be conducted by the Commission acting in its own right or by a Commissioner or any officer or any other person specially or generally appointed by the Commission to conduct the investigation or inquiry and to report thereon to the Commission and for the purposes of any such investigation or inquiry the powers and authority conferred on the Commission by section 8 shall attach to and may be exercised by any officer or other person so appointed and the provisions of the Commissions of Inquiry Act referred to in section 8 shall in like manner apply in relation to the exercise of such powers and authority.
(Cap. 47.)

Power to summon witnesses, etc.

8. For the purposes of carrying out the powers, duties and functions imposed on it by this Act, the Commission shall have the same powers and authority to summon witnesses and to admit and receive evidence as are conferred upon the commissioners of a Commission of Inquiry by section 9 of the Commissions of Inquiry Act and the provisions of sections 14 and 17 of that Act shall apply mutatis mutandis in relation to the powers and authority vested in the Commission under this section.
(Cap. 47.)

Functions of Permanent Secretary

9. In addition to any other functions and duties imposed upon him by any other written law, a Permanent Secretary shall be responsible to the Minister for the time being in charge of that Permanent Secretary's Department or group of Departments for the efficient and economical administration thereof.

Transfers

10. The Commission may transfer any employee from one office or position to another office or position in the Public Service, whether or not the transfer involves a change of location.

Committee to advise on remuneration for certain offices

11.-(1) Notwithstanding any of the provisions of this Act, the Minister may from time to time and on such terms as he shall direct, appoint a committee to advise and to make recommendations to him on the remuneration for the offices or positions as specified in the Schedule:

Provided that the House of Representatives may from time to time by resolution add to, delete or amend the offices or positions specified in the Schedule.

(2) The committee to be appointed under this section shall consist of a chairman and two other members to be appointed by the Minister.

(3) The committee shall in the discharge of its duties and functions be entirely independent of the Commission but shall give due regard to any advice or recommendations given or made to it by both the Commission and any body or person as the committee shall deem appropriate.

(4) The committee may be appointed either as a standing committee for a period not exceeding three years at a time or from time to time on an ad hoc basis but the members of the committee shall in either case be eligible for re-appointment at any time.

(5) Members of the committee may be paid such fees, allowances and expenses as the Minister may, from time to time, direct.

(6) Subject to any directions that may be given to it from time to time by the Minister, a committee shall regulate its own procedures.

Disciplinary offences

12. Every employee commits a disciplinary offence for the purposes of disciplinary proceedings who-

(a) by any wilful act or omission fails to comply with the requirements of this Act or of any regulation thereunder or of any official instruction given under the authority of the Commission or of the Permanent Secretary of the Department in which the employee is employed;

(b) in the course of his duties disobeys, disregards, or makes wilful default in carrying out any lawful order or instructions given by any person having authority to give the order or instruction, or by word or conduct displays insubordination;

(c) is negligent, careless, indolent, inefficient, or incompetent in the discharge of his duties;

(d) behaves in a manner calculated to cause unreasonable distress to other employees or to affect adversely the performance of their duties;

(e) uses intoxicating liquors or drugs to excess or in such manner as to affect adversely the performance of his duties;

(f) improperly uses or removes property or stores for the time being in his official custody or under his control, or fails to take reasonable care of any such property or stores;

(g) otherwise than in the proper discharge of his duties directly or indirectly discloses or for private purposes uses any information acquired by him either in the course of his duties or in his capacity as an employee;

(h) absents himself from his office or from his official duties during hours of duty without leave or valid excuse or is habitually irregular in the time of his arrival or departure from his place of employment;

(i) is guilty of any improper conduct in his official capacity, or of any other improper conduct which is likely to affect adversely the performance of his duties or is likely to bring the Public Service into disrepute;

(j) is guilty of any other offence prescribed from time to time by regulations made under this Act.

Establishment of Public Service Appeal Board

13.-(1) There is hereby established an Appeal Board to be called the Public Service Appeal Board.

(2) The Appeal Board shall consist of the following members:-

(a) an officer who shall be the chairman of the Appeal Board;

(b) an officer to be appointed as the official member on the nomination of the Commission;

(c) two officers to be appointed as service members on the nomination of the Association:

Provided that-

(i) two officers employed in the same Department shall not be appointed to serve as service members at the same time; and

(ii) if the Association fails to nominate any service member, the Minister shall nominate him.

(3) Subject to subsection (2), the members of the Appeal Board shall be appointed by the Minister, and shall hold office for a term not exceeding three years, but any such member may from time to time be re-appointed:

Provided that the Minister shall not appoint the chairman without consulting the Commission and the Association prior to the proposed appointment.

(4) Notwithstanding the provisions of subsection (3) every member of the Appeal Board shall continue to hold office until his successor is appointed.

(5) The two service members shall not be entitled to sit as members of the Appeal Board at the same time, and shall mutually agree as to which of them shall act as a member of the Appeal Board at any particular appeal. In default of agreement in any case, the chairman shall determine by lot the person so to act in that case.

(6) No member shall act on the Appeal Board in any appeal affecting an officer of the Department in which the member is an officer, or in any appeal affecting himself.

(7) If any member of the Appeal Board dies, or by notice in writing addressed to the Commission resigns his office, or refuses or neglects without sufficient cause to attend any duly appointed meeting of the Appeal Board or (being a service member) becomes employed in the Department in which the other service member is already employed, then and in any such case his seat shall become vacant, and the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made.

(8) In the event of both service members of the Appeal Board being absent or unable for any reason to attend any duly appointed meeting of the Appeal Board or to act thereon for the hearing of any particular appeal, an officer, to be nominated by the Association or in the absence or failure of such nomination by the Association to be nominated by the Minister, shall act in place of the service members of the Appeal Board at the meeting or at the hearing of the appeal, as the case may be, and that officer shall for the purposes of this Act be deemed to be a duly appointed service member of the Appeal Board for the purposes of the meeting or of the hearing of the appeal.

(9) Notwithstanding anything in the foregoing provisions of this section, the Appeal Board, if in its opinion any appeal involves consideration of matters of a professional, technical, or specialised nature, may, with the consent of the parties to the appeal, appoint any person who in its opinion has expert knowledge of those matters to be an assessor for the purposes of the appeal; and the assessor shall sit with the Board and in all respects act as an extra member thereof for the hearing and determination of the appeal, except that the assessor shall have no vote in the determination of the appeal.

(10) The Appeal Board may state a case for the opinion of the Supreme Court on any question as to the jurisdiction of the Appeal Board or on any question of law arising in proceedings before it.

Rights of appeal by officers appointed by the Commission

14.-(1) Subject to the provisions of subsection (2), every officer, other than an officer on probation, appointed by the Commission shall have a right of appeal to the Appeal Board in accordance with this section against-

(a) the promotion of any officer, or the appointment of any person who is not an officer, to any position in the Public Service for which the appellant had applied, if (in either case) the appointment of the appellant to that position would have involved his own promotion:

Provided that-

(i) an appeal under this section must be confined to the merits of the appellant for promotion to the position, and must not extend to those of any other person for promotion or appointment to the position; and

(ii) any such appeal shall be deemed to have lapsed if, before the appeal is determined, the appellant resigns, retires or his employment in the Public Service is lawfully terminated in any other manner or the promotion or appointment that is the subject of the appeal is cancelled, or if the officer promoted or the person appointed dies, or vacates or renounces or becomes incapable of taking up the position;

(b) any punishment imposed by the Commission on an officer by virtue of its powers under the Constitution for an offence set out in section 12: Provided that there shall be no right of appeal against the punishment or dismissal of an officer for his refusal to comply with or obey any instruction or order transferring him from one location to another within Fiji if that officer has already had an appeal against the instruction or order transferring him made under the provisions of paragraph (c) dismissed;

(c) any decision of the Commission to transfer the officer from one locality to another within Fiji:

Provided that an appeal under this paragraph shall only lie against a second or subsequent transfer during any separate tour of three years and only when such second or subsequent transfer during such a tour results in extraordinary personal hardship;

(d) any other matter or decision in respect of which a right of appeal is expressly conferred by regulations made under this Act or by any other written law.

(2) Notwithstanding anything in subsection (1), no appeal by any officer shall lie against the promotion of any officer or the appointment of any person to any office or position specified in orders made by the Minister, howsoever that office or position is for the time being designated. For the purposes of this subsection, a certificate by a Commissioner as to any change in the designation of any office or position specified in any order shall be conclusive evidence of the facts stated in the certificate regarding that change.

(3) Notice of appeal under subsection (1), setting out the grounds of the appeal, shall be forwarded to the Secretary of the Appeal Board in writing by registered post within twenty-one days after the date on which the decision has either been published or been notified to the officer concerned, as the case' may be, or within such extended time as the Appeal Board may in any case allow after good and sufficient reason has been shown in writing by the appellant.

(4) For the purposes of carrying out the powers, duties and functions imposed on it by this Act, the Appeal Board shall have the same powers and authority to summon witnesses and to admit and receive evidence as are conferred upon the commissioners of a Commission of Inquiry by section 9 of the Commissions of Inquiry Act and the provisions of sections 14 and 17 of that Act shall apply mutatis mutandis in relation to the powers and authority vested in the Appeal Board under this subsection. (Cap. 47.)

(5) The Appeal Board may allow or disallow any appeal and the Commission shall implement the decision of the Appeal Board. Where an appeal made under the provisions of paragraph (a) of subsection (1) is allowed by the Appeal Board, the commission shall forthwith appoint the successful appellant to the position.
(Amended by 9 of 1975)

(6) In any appeal the onus of proof shall rest with the appellant.

(7) The proceedings of the Appeal Board shall not be open to the public: Provided that any person authorised by the Board may attend any hearing or part of a hearing.

(8) (a) At the hearing of any appeal the appellant shall be entitled to be present and may be represented or assisted by a barrister and solicitor or any officer.

(b) At the hearing of the appeal, the officer against whose promotion or appointment the appeal has been lodged shall be entitled to be heard by the Board in such a manner as the Board thinks fit as if he were a respondent in the appeal and such officer may also be represented or assisted by a barrister and solicitor or by another officer.
(Inserted by 9 of 1975)

(9) Appeals affecting more than one appellant shall not be heard together, unless the Appeal Board so directs.

(10) In matters not expressly provided for in this Act or in any regulations made under this Act, the procedure of the Appeal Board shall be such as the Appeal Board may determine.

(11) Proceedings before the Appeal Board shall not be held bad for want of form. No appeal shall lie from any decision of the Appeal Board, and, except on the ground of lack of jurisdiction other than for want of form, no proceedings or decision of the Appeal Board shall be liable to be challenged, reviewed, quashed, or called in question in any Court.

(12) An appellant shall be required at the same time as he forwards his notice of appeal to the Secretary of the Appeal Board in accordance with the provisions of subsection (3), to deposit such fee as the Commission may by regulation from time to time prescribe with the Commission which fee shall be refunded if the appeal is allowed but shall otherwise be forfeited.

(13) Notwithstanding anything to the contrary in this Act or in any other written law the Appeal Board may either before the hearing or at any time during the hearing of an appeal summarily dismiss or disallow the appeal without hearing it or without hearing it any further, as the case may be, on the grounds that the appeal is frivolous or vexatious or one that should not otherwise have been brought or made.

Offence to attempt to influence Appeal Board

15.-(1) Except as provided in subsection (3), no person shall in anyway attempt to influence the Appeal Board or any member of the Appeal Board in respect of any appeal.

(2) Any person who acts in contravention of the provisions of this section commits an offence, and is liable on conviction to a fine not exceeding $500.

(3) Nothing in this section shall be so construed as to prohibit any person from giving information or making representations in respect of any appeal at the request or invitation of the Commission or the Appeal Board, or as a witness or as an appellant or the representative of an appellant at a hearing before the Appeal Board.

Regulations

16.-(1) The Commission may make regulations generally for the purpose of carrying out its functions under this Act and its powers, duties and functions under any other written law and for the efficient management, control and working of the Public Service.

(2) Different regulations may be made in respect of different classes of employees.

(3) Without prejudice to the generality of subsections (1) and (2) the Commission may in particular make regulations with respect to any of the following matters:-

(a) the promotion of efficiency and economy in the Public Service;

(b) for prescribing standards of and conditions relating to office accommodation and the physical working conditions of employees;

(c) for facilitating the classification and grading of employees;

(d) generally for prescribing the terms and conditions of service and employment of employees;

(e) generally with regard to matters arising out of or in the course of the employment of employees;

(f) generally for prescribing the terms and conditions which may be imposed in or in respect of any contracts or arrangements relating to the Public Service entered between the Government on the one hand and its employees or any other person on the other hand;

(g) generally for prescribing fees, allowances and expenses that may be paid to any person for carrying out any functions or duties prescribed or provided for by this Act;

(h) for prescribing further disciplinary offences for the purposes of disciplinary proceedings against employees;

(i) generally for prescribing the responsibilities and duties of all employees;

(j) generally for providing and facilitating the training of and examinations for employees;

(k) for prescribing further matters or decisions in respect of which a right of appeal shall lie to the Appeal Board; and

(l) for prescribing the fees to be deposited with the Commission under subsection (12) of section 14.

General orders and saving

17.-(1) The Commission may, in addition to making regulations under section 16, from time to time make general orders covering every aspect of the work and privileges of employees for their guidance, assistance and conduct.

(2) Different general orders may be made for and in respect of different classes of employees.

(3) It shall not be necessary for general orders made under this section, which shall be for the internal use, guidance, assistance and general conduct of employees, and which shall form part of the conditions of service of employees, to be published in the Gazette.

(4) Whenever there is any conflict between the provisions of any general order made under this section and any regulations made under section 16, or any provisions of this Act, the Constitution or any other written law, the said regulations or said provisions shall prevail.

(5) For the avoidance of doubt, it is hereby declared that the General Orders for the Civil Service of Fiji in existence at the commencement of this Act shall be deemed to have been made under this section and shall remain as general orders made under this section until amended, superseded or revoked.

Instructions

18. Subject to this Act and any regulations made or continuing in force under this Act, and without restricting the powers of the Commission, it is hereby declared that the Commission may from time to time issue instructions which shall be observed by all employees.

Offence to attempt to influence Commission

19. Except as provided in subsections (3) and (4), every person shall' commit an offence who directly or indirectly solicits or endeavours to influence the Commission or any Commissioner (or any officer to whom any of the powers or functions of the Commission have been delegated under section 7) with respect to its or their decisions.

(2) Every person who commits an offence against this section is liable on conviction to a fine not exceeding $500.

(3) Nothing in this section shall apply to any person giving information or advice or making representations to the Commission in respect of any matter whatsoever at the request or invitation of the Commission or in compliance with regulations made by or procedures established by the Commission.

(4) Nothing in this section shall be construed so as to prevent any organisation, being an organisation representing employees of the Public Service or any class or classes thereof, from making representation to the Commission on any matter affecting the salaries, wages, or conditions of employment of any employee or class of employees.

____________________

SCHEDULE
(Section 11)

1. All offices or posts in respect of which the maximum salary exceeds such amount as the Minister may by order from time to time prescribe. (Substituted by 13 of 1977 s. 23.)

2. Such offices or positions in any statutory body as the Minister may by order from time to time prescribe.

Controlled by Office of the Prime Minister

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Cap 74 Rev. 1985
Subsidiary Legislation Public Service S-1

CHAPTER 74
PUBLIC SERVICE

SECTION 14-ORDERS LIMITING APPEALS AGAINST PROMOTIONS AND APPOINTMENTS

(Orders made by the Prime Minister)

Order 8th March 1974
(Legal Notice No. 50 of 1974)

The Prime Minister has ordered that no appeal shall lie against the promotion of any officer, or the appointment of any person, to any of the following offices or positions:-

The Secretary to the Cabinet;
Any office to which section 103 of the Constitution applies;
The Auditor-General;
An agricultural tribunal;
Any Permanent Secretary or any other supervising officer within the meaning of section 82 of the Constitution;
The Ombudsman;
Any office on the personal staff of the Governor-General;
The Clerk to the House of Representatives or any office on his staff;
The Clerk to the Senate or any office on his staff;

Order 24th February 1976
(Legal Notice No. 31 of 1976)

The following offices in the Department of Foreign Affairs:

Under Secretary;
Counsellor;
Principal Assistant Secretary;
First Secretary.

Order 30th October 1980
(Legal Notice No. 182 of 1980)

The Secretary of the Public Service Commission.

Order 12th April 1985
(Legal Notice No. 28 of 1985)

The offices which fall within the following salary ranges:-

Upper Salary Range 1
Upper Salary Range 2
Upper Salary Range 3
Upper Salary Range 4
Graduate Trainee.

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Order 13th September 1985
(Legal Notice No. 68 of 1985)

Cap 74 Rev. 1985
S-2 Public Service Subsidiary Legislation

SECTION 16-PUBLIC SERVICE COMMISSION (STATUTORY) REGULATIONS
TABLE OF PROVISIONS

PART I-PRELIMINARY

REGULATION
1. Short title
2. Interpretation

PART II-ORDERS AND INSTRUCTIONS

3. General Instructions

PART III-APPEALS

4. Appeals procedure
5. Minutes
6. Lodging of appeal
7. Notice of hearing
8. Appeal out of time
9. Appellant may give evidence
10. Documentary evidence
11. Want of prosecution
12. Evidence on affidavit
13. Decision to be forwarded to both parties

PART IV-CLASSIFICATION, GRADING AND SALARIES

14. Occupational classes and salary scales
15. Classification, grading, and salaries of officers
16. Continuous review of classification and grading by levels
17. Review of grading
18. Classification and Grading Committees
19. Application for re-grading upheld
20. Salary increments

PART V-FEES AND EXPENSES

21. Deposit on appeal
22. Expenses of witnesses
23. Expenses of officers

--------------------------------

Regulations* 8th March, 1974,
22nd December, 1975
* See Legal Notice Nos. 48 of 1974 and 5 of 1976.

PART I-PRELIMINARY

Short title

1. These Regulations may be cited as the Public Service Commission (Statutory) Regulations.

Interpretation

2. In these Regulations, unless the context otherwise requires-

"Chairman of the Board" means the Chairman of the Public Service Appeal Board;

"General Orders" means the General Orders for the Public Service of Fiji as from time to time amended;

"Secretary" means the Secretary of the Public Service Appeal Board.

(Amended by Regulations 22nd December 1975*)
* See Legal Notice No. 5 of 1976.

PART II -ORDERS AND INSTRUCTIONS

General instructions

3. The provisions of a general instruction issued under section 18 of the Act shall be deemed to have been communicated to an officer when the instruction has been published in the Public Service Official Circular or in General Orders made and issued by the Commission or, failing any such publication, when it has otherwise been brought to his personal notice.

PART III-APPEALS

Appeals procedure

4. The Public Service Appeal Board shall meet at such time or times and in such place or places as may be fixed by the Chairman of the Board. The Chairman shall ensure meetings are so convened that appeals are heard expeditiously.

Minutes

5.-(1) A minute book shall be kept in which such particulars as the Board may consider appropriate shall be recorded.

(2) The minutes of the proceedings of the Board shall be confirmed no later than its next meeting, and when confirmed shall be signed by the Chairman.

Lodging of appeal

6.-(1) An appeal by an officer under the provisions of section 14 of the Act shall be forwarded to the Secretary in duplicate and shall set out clearly and concisely the grounds for his dissatisfaction with the decision appealed against. The Secretary shall acknowledge receipt of the appeal forthwith in writing and shall forward one copy of the appeal to the Commission.

(2) In any case in which the Secretary is not satisfied that an appeal lies he shall refer the submission to the Board for its decision.
(Amended by Regulations 22nd December 1975*)
* See Legal Notice No. 5 of 1976.

Notice of hearing

7. As soon as practicable after being satisfied that prima facie grounds for appeal exist, the Secretary shall formally accept the appeal and advise the appellant and the Commission in writing of the time and place fixed for its hearing. The notice given to the appellant shall be by registered post and shall give sufficient time to allow for transmission of the notice of acceptance and for the appellant to travel to the hearing.
(Amended by Regulations 22nd December 1975*)
* See Legal Notice No. 5 of 1976.

Appeal out of time

8. In any case in which an appeal is lodged out of time the Board shall determine whether good and sufficient reason has been adduced for its acceptance and the Secretary shall formally convey that decision.
(Amended by Regulations 22nd December 1975*)
* See Legal Notice No. 5 of 1976.

Appellant may give evidence

9. The Board may treat the appellant as a witness in order to admit and receive evidence under the powers conferred upon it by subsection (4) of section 14 of the Act.

Documentary evidence

10. In the matter of an appeal against a penalty imposed for a disciplinary offence any documentary evidence to be considered by the Board which is additional to that produced at the disciplinary inquiry shall in like manner to the provisions of paragraph (3) of regulation 28 of the Public Service Commission (Constitution) Regulations be first supplied to, or made available to, the appellant.

Want of prosecution

11. If the appellant or his representative fails to appear at the hearing at the appointed time the Board may dismiss the appeal for want of prosecution.

Evidence on affidavit

12.-(1) Where the evidence of a witness is required and his attendance in the opinion of the Chairman of the Board is impossible or possible only most inconveniently, the Chairman may authorise that an affidavit concerning the matter of appeal be sworn before a Commissioner for Oaths and submitted in evidence.

(2) Nothing in this regulation shall prevent the Board subsequently summoning the witness to attend a hearing.

Decision to be forwarded to both parties

13. The Secretary shall, forthwith after any appeal has been considered, forward the decision of the Board in writing to both parties to the appeal.
(Amended by Regulations 22nd December 1975*)
*See Legal Notice No. 5 of 1976.

PART IV-CLASSIFICATION, GRADING AND SALARIES

Occupational classes and salary scales

14.-(1) The permanent staff of the Public Service shall consist of officers but shall not include officers on probation.

(2) The Commission shall determine occupational classes according to the nature of the duties required to be performed by the permanent staff:

Provided that-

(a) the Commission may determine such miscellaneous occupational classes otherwise than according to the nature of the duties as may be necessary to enable it to classify officers where so few are engaged in any occupation that the prescription of an occupational class according to the nature of their duties would not in the view of the Commission be warranted; and

(b) to facilitate the administration of this regulation occupational classes may be grouped together in any related field.

(3) No person shall be eligible for appointment to any occupational class determined in accordance with the provisions of paragraph (2) unless he has such minimum educational or other qualifications as are appropriate to the duties normally performed by members of that class unless in any particular case the Commission shall otherwise decide.

(4) The Commission shall subdivide each occupational class into levels according to its assessment of the relative degrees of responsibility and skill which are or may be required to be exercised by officers of the occupational class, and shall determine a salary rate and a maximum salary rate and annual incremental steps for each level.

(5) The Commission shall exercise its power to determine occupational classes in accordance with paragraphs (2) and (3) by issuing Public Service decisions. Every such decision shall be published in the Public Service Official Circular and shall come into force on a date to be specified therein in that behalf or, if no date is specified, shall come into force on the day on which it is made.

Classification, grading, and salaries of officers

15. The Commission shall place every officer in an occupational class, and shall place every officer within that class in a level and at a salary according to the degree of responsibility and skill required to be exercised in the performance of the duties allocated to the officer.

Continuous review of classification and grading by levels

16.-(1) The Commission shall be responsible for conducting a continuous review of classification and grading within the Public Service, and in discharging this responsibility shall-

(a) ascertain whether or not there is need to change the content, or salary scale or grading pattern of any occupational class;

(b) ensure that all posts are included in the occupational class most closely related to the duties involved; and

(c) ensure that every post in each occupational class is placed at a level appropriate to the degree of responsibility and skill required in the discharge of its functions.

(2) If the level of a post is altered in accordance with sub-paragraph (c) of paragraph (1) and the new level does not coincide with the level of the officer for the time being holding the post the Commission may either appoint the holder to the post at the new level or it may declare the post vacant and fill it in any manner it deems appropriate.

(3) Any alteration of level pursuant to sub-paragraph (c) of paragraph (1) shall take effect from such date as the Commission shall specify.

Review of grading

17.-(1) Any officer, provided he has not applied to a Classification and Grading Committee constituted under regulation 18 within the period of 5 years immediately preceding the application, shall have the right to apply to the Commission for a review of the level of the post he occupies:

Provided that nothing in this regulation shall prevent an officer from making representations to the Commission at any time on the grading of the post. (2) On receipt of any application under paragraph (1) the Commission shall review the case, and shall notify the officer in writing of the result of the review.

(3) If the officer is not satisfied with any decision of the Commission given under paragraph (2), he may, within 14 days after the date on which that decision has been notified to him, request that his application be referred for consideration by a Classification and Grading Committee.

Classification and Grading Committees

18.-(1) Subject to the provisions of this regulation, the Commission may from time to time appoint Classification and Grading Committees constituted as provided in this regulation, and every such appointment of a Committee shall be notified in the Public Service Official Circular.

(2) Each such Committee shall consist of 3 officers or retired officers or other persons of whom one shall be appointed by the Commission as Chairman after consultation with the Association, and one shall be appointed on the nomination of the Association.

(3) Each such Committee shall have power to investigate in such manner as it thinks fit and make a recommendation to the Commission regarding-

(a) any application lodged under regulation 17; and

(b) any other matter relating to classification or grading referred to it by the Commission.

(4) Except as otherwise provided in these Regulations, each such Committee shall determine its own procedure.

(5) Each such Committee may receive in evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the question before it, whether or not the evidence is otherwise admissible in a court of law.

(6) The officer making the application for a review shall be entitled to be present, and shall be entitled to be assisted in the presentation of his case. The Committee may insist that the officer be present.

(7) Proceedings before any such Committee shall not be held bad for the want of form. No appeal shall lie against any recommendation of any such Committee, nor, except on the ground of lack of jurisdiction, shall any proceeding or decision of any such Committee be liable to be challenged, reviewed, quashed, or called in question by any Court.

(8) The Commission shall without delay notify the applicant of any recommendation made by any such Committee in respect of his application, together with the decision of the Commission thereon.

(9) If the Commission's decision is contrary to the Committee's recommendation, the applicant may, within 14 days of the date of notification to him of the decision of the Commission, appeal therefrom in accordance with paragraph (d) of subsection (1) of section 14 of the Act and the decision of the Appeal Board shall be final.

Application for regrading upheld

19. Where the Commission agrees to change the level of a post as a result of a decision made under paragraph (2) of regulation 17, or under paragraph (8) of regulation 18, or where the Appeal Board upholds the application of the appellant under paragraph (9) of regulation 18, the Commission may either appoint the applicant to the post at its new level, or it may declare the post vacant and fill it in the manner authorised in regulations 9, 10, 11 and 12 of the Public Service Commission (Constitution) Regulations.

Salary increments

20.-(1) Except as otherwise prescribed in any scale of salaries, the increments within any class and level shall be annual increments. These shall accrue to any salary until the employee in receipt thereof has received the same for a period of 12 months.

(2) Notwithstanding the provisions of paragraph (1), it shall be lawful for the Commission to allow to any officer in any year an increment or increments in excess of that to which he would otherwise have been entitled or from a date earlier than the date on which the annual increment would otherwise have accrued if in either case in the opinion of the Commission the officer is entitled to special consideration.

PART V-FEES AND EXPENSES

Deposit on appeal

21. The fee to be deposited with the Secretary in accordance with subsection (12) of section 14 of the Act shall be-

(a) for the hearing of an appeal against a penalty imposed in respect of any minor offence, $2;

(b) for the hearing of any other appeal, including an appeal against a penalty imposed in respect of any major offence, $10.

(Amended by Regulations 22nd December 1975*.)
*See Legal Notice No. 5 of 1976.

Expenses of witnesses

22. The Appeal Board shall in each case determine what, if any, sum by way of expenses shall be paid to a witness called by the Board. The Board shall not be responsible for the payment of any costs incurred by the appellant calling a witness.

Expenses of officers

23. The reimbursement of expenses incurred by an officer who is called upon to perform any function or duty under these Regulations in connection with the Public Service Appeal Board or any committee shall be limited to that provided in General Orders.

________________

SECTION 105 OF THE CONSTITUTION DELEGATION OF POWERS BY THE PUBLIC SERVICE COMMISSION

Directions 2nd August, 1985#
t Made under section 105 of the Constitution and, for convenience, included with the subsidiary legislation under the Public Service Act.
# See Legal Notice No. 51 of 1985.

1. This Delegation may be cited as the Public Service Commission Delegation. 2. In this Delegation, unless the context otherwise requires-

"acting appointment" means the appointment of an officer to fill a temporary office, or of an officer either to act in short term substitution for another officer or to fill a vacancy temporarily pending the filling of that vacancy by other means;

"Chairman" means the Chairman of the Commission;

"close relative" means husband, wife, son, daughter, father, mother, brother, or sister;

"Commission" means the Public Service Commission established by section 104 of the Constitution;

"Head of Department" means, in relation to any office, the person responsible directly to a Permanent Secretary for the supervision and control of the department, division or branch of Government to which that office is allocated;

"office" means a public office as defined by Chapter XI of the Constitution; "officer" means the holder of an office;

"Permanent Secretary" means, in relation to any office, the Permanent Secretary or other supervisory officer, if any, appointed under section 82 of the Constitution in respect of the department to which that office is allocated; and in relation to any office in the Judicial Department, the Audit Department and the Department of the Ombudsman, the Chief Registrar of the Supreme Court, the Auditor-General, and the Ombudsman, respectively;

"senior officer" means the holder of an office for which the maximum salary exceeds the maximum salary for Grade AD03.

3. The powers vested in the Commission by section 105 of the Constitution in relation to the officers specified in Column 1 of the Schedule are hereby delegated to the person specified in Column 2 of the Schedule to the extent set out in Column 3 of the Schedule and subject to this Delegation and such special conditions as may be set out in Column 4 of the Schedule.

4. The persons to whom powers are delegated by this Delegation shall, in exercise of such powers, act in accordance with the provisions of the Public Service Commission (Constitution) Regulations as though reference in those Regulations to the Commission were references to the person to whom delegation has been made.

5. Notwithstanding the other provisions of this Delegation, no person shall be appointed to the Public Service without the prior consent of the Commission where such person-

(a) has been convicted of a criminal offence;

(b) has been dismissed or called upon to retire or to resign from the Public Service or who has had his probationary appointment in the Public Service terminated;

(c) has retired from the Public Service; or

(d) is a close relative of a Minister or senior officer of a department to which it is proposed to appoint him.

6. Any person to whom powers are delegated by paragraphs 1, 5, 6, 7, 8 and 9 of the Schedule to exercise disciplinary control in relation to any office shall give written notice to the Chairman of his intention to exercise such powers and of any action taken in the course of the exercise of such powers.

DELEGATION OF POWERS SCHEDULE

COLUMN 1 Offices
COLUMN 2 Person to whom powers are delegated
COLUMN 3 Extent of delegation
COLUMN 4 Conditions of delegation

1. Office in the following grades and below-

AD05, CS05, DE05 MD05, ME05, NS05, NU04, PH04, PL-04, PM05, PN04, RE06, RT03, SK05, TG04, TL03, subject as provided in paragraphs 4-9, inclusive.

2. Office in the following grades and below-

AD05, CS05, DE05, MD05, ME05, NS05, NU04, PH04, PM05, PN04, RE06, RT03, SK05, TG04, TL03, except an office referred to in any order made under Section 14(2) of the Public Service Act, and subject as provided in paragraph 6.

3. Office above the following grades-

AD05, CS05, DE05, MD05, ME05, NS05, NU04, PH04, PI-04, PM05, PN04, RE06, RT03, SK05, TG04, TL03.

DELEGATION OF POWERS SCHEDULE

COLUMN 1 Offices
COLUMN 2 Person to whom powers are delegated
COLUMN 3 Extent of delegation
COLUMN 4 Conditions of delegation

1. Office in the following grades and below-

AD05, CS05, DE05 MD05, ME05, NS05, NU04, PH04, PL04, PM05, PN04, RE06, RT03, SK05, TG04, TL03, subject as provided in paragraphs 4-9, inclusive.

2. Office in the following grades and below-

AD05, CS05, DE05, MD05, ME05, NS05, NU04, PH04, PM05, PN04, RE06, RT03, SK05, TG04, TL03, except an office referred to in any order made under Section 14(2) of the Public Service Act, and subject as provided in paragraph 6.

3. Office above the following grades-

AD05, CS05, DE05, MD05, ME05, NS05, NU04, PH04, PL04, PM05, PN04, RE06, RT03, SK05, TG04, TL03.

Permanent Secretary or head of department authorised by him.
Chairman or other member of the Commission authorised by him.
Chairman or other member of the Commission authorised by him.
All the powers of the Commission, except to make acting appointments, appoint persons who are not citizens of Fiji and to transfer officers from one Ministry to another or from one class of office to another.
Power to make acting appointments.
Power to transfer officers from one Ministry to another or from one class of office to another.
All the powers of the Commission, except to appoint persons who are not citizens of Fiji.
That any removal from office, demotion or reduction in pay shall be subject to the concurrence of the Commission.

4. Any office of Executive Officer, Senior Clerical Officer, Clerical Officer, Senior Secretary, Secretary, Supervising Typist, Stenographer Typist and Typist.

5. Secretary of the Public Service Commission.

6. That any removal from office, demotion or reduction in pay shall be subject to the concurrence of the Commission.

7. The Commission may, of its own motion or on application by the person to whom powers are delegated by this Delegation to exercise disciplinary control in relation to any office, at any time by notice in writing require disciplinary proceedings to be transferred to the Commission and thereupon any delegation by this Delegation shall, in relation to those proceedings, cease to have effect but without prejudice to anything done or suffered thereunder during the time when such delegation had effect.

__________________

SECTION 105 OF THE CONSTITUTION
PUBLIC SERVICE COMMISSION (EXCLUSION) REGULATIONS

TABLE OF PROVISIONS

REGULATION
1. Short title
2. Exclusion from section 105 of the Constitution

-----------------------------------

Regulations t 10th July 1970
t See Legal Notice No. 69 of 1970.

(Made by the Public Service Commission)

Short title

1. These Regulations may be cited as the Public Service Commission (Exclusion) Regulations.

Exclusion from section 105 of the Constitution.

2. The following offices and classes of offices in the public service are excluded from the provisions of section 105 of the Constitution:-

(a) any office not specified in the Annual Estimates of Fiji;

(b) any office in the South Pacific Health Service;

(c) any office in the Virus Research Laboratory of the Medical Department;

(d) all offices of unestablished employees; and

(e) any office of a member of the Special Constabulary or of auxiliary fireman.

Made under section 105 of the Constitution and, for convenience, included with the subsidiary legislation under the Public Service Act.

________________________

SECTION 135 OF THE CONSTITUTION

PUBLIC SERVICE COMMISSION (CONSTITUTION) REGULATIONS

TABLE OF PROVISIONS

PART I-PRELIMINARY

REGULATION
1. Short title
2. Interpretation
3. Application of Regulations
4. Delegation
5. Knowledge of Regulations, etc.
6. Departmental instructions
7. Communications to the Commission

PART II-GENERAL

8. Production of documents and appearance before Commission

PART III-APPOINTMENTS, CONFIRMATION OF APPOINTMENTS AND PROMOTIONS

9. Principles and procedures governing appointments
10. Appointments to be on probation
11. Promotions and sideways transfer to vacancies
12. Effective date of appointment
13. Acting appointments
14. Formal offers of appointment and confirmation of appointment
15. Appointments and promotions subject to right of appeal

PART IV-ANNUAL INCREMENTS AND ADVANCEMENT BARS

16. Withholding of salary increments and halting at advancement bar

PART V-TRANSFERS AND TERMINATIONS OF EMPLOYMENT OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS

17. Transfers and terminations of employment
18. Compulsory retirement on the grounds of age
19. Compulsory retirement on medical grounds

PART VI-DISCIPLINE

20. Letter of warning
21. Minor offences
22. Major offences
23. Offences by Permanent Secretary
24. Criminal prosecution
25. Transfer or interdiction pending hearing, and disciplinary penalty following conviction for criminal offence
26. Interdiction
27. Inquiry

Made under section 105 of the Constitution and, for convenience, included with the subsidiary legislation under the Public Service Act.

----------------------------

Regulations* 8th March 1974,
9th April 1975
* See Legal Notices Nos. 49 of 1974, 35 of 1975.

(Made by the Public Service Commission)

PART I-PRELIMINARY

Short title

1. These Regulations may be cited as the Public Service Commission (Constitution) Regulations.

Interpretation

2. In these Regulations, unless the context otherwise requires-

"Act" means the Public Service Act;

"appointment" includes-

(a) the conferment of an office of emolument in the Public Service, whether or not subject to subsequent confirmation, upon a person not in the Public Service;

(b) the grant of permanent terms of service in a public office to a person recruited and serving on contract or temporary terms of service;

(c) the engagement in a public office of a person on contract terms of service for a further period of service on the conclusion of his previous period of engagement on contract terms in the same or another public office;

(d) the transfer of an officer serving in one public office to another office in the Public Service; and

(e) the appointment of an officer to act in any public office other than the office to which he is substantively appointed, but shall not include the appointment of a wage earner;

"Chairman" means the Chairman of the Commission or any person appointed to act as Chairman under the provisions of section 104 (6) of the Constitution;

"Commission" means the Public Service Commission established by section 104 of the Constitution;

"common-user class" means a class of office the members of which are employed on similar duties in different departments;

"department" means a Ministry of the Government or a Department within the Public Service.

"General Orders" means the General Orders for the Public Service of Fiji as from time to time amended;

"officer" means a public officer as defined in the Constitution but does not include a wage-earner;

"Permanent Secretary" means the officer responsible to a Minister for the supervision of a Department or a group of Departments within a Ministry or any officer appointed by the Commission to have the powers and functions of a Permanent Secretary for the purpose of these Regulations;

"probation" means the period during which an officer's suitability for permanent appointment is assessed;

"promotion" means the conferment upon a person in the Public Service of a public office to which is attached a higher salary or higher salary scale than that attached to the public office he last held substantively;

"Secretary" means the Secretary of the Public Service Commission.

Application of Regulations

3. These Regulations, unless the context otherwise requires, shall apply to all officers.

Delegation

4.-(1) Nothing in these Regulations shall derogate from the power of delegation conferred upon the Commission by subsection (2) of section 105 of the Constitution.

(2) The delegation by the Commission of any of its powers to any officer, person or body under subsection (2) of section 105 of the Constitution shall be communicated to that officer, person or body by letter in writing or in any manner the Commission deems fit.

Knowledge of Regulations, etc.

5. Every officer shall acquaint himself with the relevant provisions of the Constitution relating to the composition, powers and functions of the Commission, and to all regulations made under the Constitution, the Act and all regulations made thereunder, General Orders and any general instructions issued by the Commission, and ignorance of any provision of these shall not excuse a breach thereof. For this purpose each Permanent Secretary shall ensure that copies of the Constitution and all regulations made thereunder, the Act and all regulations made thereunder, General Orders, and any general instructions of the Commission are available for perusal by officers subject to their terms.

Departmental instructions

6. In any Department in which Departmental instructions are issued under the authority of the Permanent Secretary a copy of such instructions and any subsequent amendments thereto, shall be submitted to the Commission. Depart mental instructions shall not be at variance with regulations and orders made on the authority of the Commission; and the Commission may cause the withdrawal or modification of any Departmental instructions. The Permanent Secretary shall ensure that sufficient copies are kept available in each branch of his Department for perusal by any officer affected by them, and that suitable provision is made for the publication of amendments thereto. Where this has been done, the Departmental instruction shall be deemed to have been communicated to every officer of that Department, and ignorance of any such Departmental instruction shall not excuse a breach thereof.

Communications to the Commission

7.-(1) All communications from Departments intended for the Commission shall be addressed to the Secretary at the headquarters of the Commission in Suva and signed by the Permanent Secretary or an officer deputed to sign on his behalf.

(2) An officer shall be entitled to communicate with the Commission but shall address all communications to the Secretary and submit them through his senior officer and Permanent Secretary. Every such communication shall be transmitted promptly at each stage.

PART II-GENERAL

Production of documents and appearance before Commission

8.-(1) The Commission may require any officer to attend and give information before it concerning any matter which it is required to consider in exercise of its functions.

(2) The Commission may require the production of any official document relevant to any exercise of its functions.

(3) Any officer who submits any matter for the consideration of the Commission, shall ensure that all relevant documents and papers are made available to the Commission.

(4) Any officer who without reasonable excuse fails to appear before the Commission when notified to do so, or who fails to comply with any request lawfully and properly made by the Commission, shall be guilty of a breach of discipline and the Commission may direct that disciplinary proceedings should be instituted against him.

PART III-APPOINTMENTS, CONFIRMATION OF APPOINTMENTS AND PROMOTIONS

Principles and procedures governing appointments

9.-(1) In making appointments on first entry to the Public Service the Commission shall have regard to the need to maintain and develop an efficient service based on the recruitment of applicants adequately qualified for the requirements of the Service; but no appointment to the Public Service shall be made unless the Commission is satisfied that the appointment is necessary, and that the person appointed has more merit for the post to be filled than any officer who is qualified and available for the post; and of the purpose of this regulation merit shall be determined in accordance with paragraph (3) of regulation 2.

(2) Every appointment to the Public Service shall be made after the relevant vacancy has been advertised and applications invited through the medium of the press. Simultaneously a copy of the advertisement or a report of its general content shall appear in the Public Service Official Circular.

(3) Every appointment whether on a permanent or probationary basis shall be notified by publication in the Public Service Official Circular.

Appointments to be on probation

10.-(1) Except as otherwise determined by the Commission, every person who is first appointed to the permanent staff of the Public Service, and every person who, having ceased to be so employed in the Public Service, is again appointed thereto, shall be on probation for one year (except as provided in paragraph (2)), or as the Commission specifies either generally or in any particular case or class of cases.

(2) With the approval of the Commission a Permanent Secretary may from time to time extend the period of probation of any probationer (except as provided in paragraph (3)) for a specified period not exceeding one year in order to afford the officer-

(a) further opportunity to pass any examination the passing of which is a condition of the confirmation; or

(b) the opportunity of improvement in any respect in which his work or conduct has been adversely reported upon.

(3) The Commission may at any time in writing, confirm or annul the appointment to the Public Service of any probationer.

(4) Notwithstanding that the period of probation (including any extension thereof) of any probationer may have expired, and whether or not he is appointed to any other post in the Public Service, he shall while he remains in the Public Service, be deemed to be employed on probation until his appointment to the Public Service is confirmed or annulled, by notice in writing, as provided under this regulation:

Provided that if, at the end of six months after the expiration of his period of probation (including any extension thereof), he is still deemed under the foregoing provisions of this paragraph to be employed on probation his appointment to the Public Service shall thereupon be deemed to be confirmed under this regulation.

Promotions and sideways transfer to vacancies

11.-(1) The Commission shall whenever practicable notify every vacancy or prospective vacancy in a permanent post (including any newly created permanent post) in the Public Service Official Circular or in such other manner as it thinks sufficient to enable any officer qualified for appointment to make application therefor.

(2) In the event of two or more officers being available for the same post, and account having been taken of the provisions of paragraphs (a) and (b) of subsection (9) of section 105 of the Constitution, preference shall be given to that officer who, in the opinion of the Commission, has the most merit for appointment to the post. (3) For the purposes of this regulation, the merit of an officer for promotion shall be determined by his-

(a) personal qualities, characteristics, and attributes relevant to the post to be filled; and

(b) work, experience and competence shown in performance of duties previously carried out by him where these can be related to the post to be filled; and

(c) relevant educational or other qualifications:

Provided that, where two or more officers who are applicants for a vacancy are adjudged to be equal in merit for promotion having regard to the matters specified in paragraph (2) and in the foregoing provisions of this paragraph regard shall be given to the length of continuous permanent service of each officer.

(4) Every appointment of an officer or probationer shall be notified within the Public Service by notice in the Public Service Official Circular or otherwise.

(5) The Commission may in any case allow any officer to refuse any offered promotion or appointment without prejudice to his right to any future promotion or appointment for which he might be qualified.

(6) Any such refusal shall not afford an officer any special or enhanced consideration in respect of any future promotion or appointment.

Effective date of appointment

12. The power conferred by these Regulations to appoint any person to any post in the Public Service shall be deemed to include a power to appoint that person from and including a date to be specified in that behalf in the instrument or minute of appointment, whether or not that date is earlier or later than the date on which the power of appointment is exercised, and salary shall be payable from and including such date (not being earlier than the date so specified in the instrument or minute) as the Commission may determine.

Acting appointments

13.-(1) In the case of absence from duty of any officer (from whatever cause arising) or on the occurrence from any cause of a vacancy in any post in the Public Service (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the officer or pertaining to the post may be exercised and performed by any other officer for the time being directed by the Commission to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.

(2) No such direction nor any act done by any officer acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the officer had not been appointed to any post to which the direction relates.

Formal offers of appointment and confirmation of appointment

14.-(1) Any offer of appointment to any permanent office or permanent post in the Public Service made to a temporary officer or person shall be conveyed only and sufficiently by the issue of an Offer of Appointment by the Commission or any officer to whom the Commission has delegated power in that behalf in the manner provided for in paragraph (2) of regulation 4.

(2) Any offer of appointment to a temporary office or temporary post in the Public Service made to a permanent officer or person shall be conveyed only and sufficiently by the issue of an Offer of Temporary Appointment by the Commission or any officer to whom the Commission has delegated power in that behalf in the manner provided for in paragraph (2) of regulation 4.

(3) Any confirmation of appointment to any office or post in the Public Service shall be given only and sufficiently by the issue to the officer appointed of a Confirmatory Letter by the Commissioner or any officer to whom the Commission has delegated power in that behalf in the manner provided for in paragraph (2) of regulation 4.

Appointments and promotions subject to right of appeal

15.-(1) Every appointment or promotion which is subject to a right of appeal by any officer under the provisions of section 14 of the Act, shall be provisional until all appeals lodged in respect thereof have been duly determined, or if no appeal is lodged, until the time for the lodging of appeals has expired.

(2) The Commission may at any time cancel a provisional appointment or promotion, whether or not an appeal against the appointment or promotion has been lodged, if in its opinion the office is not required or can be suitably filled by the transfer without promotion of any other officer, or if it considers that further notification of the post is desirable, or for any other reason it deems sufficient.

PART IV-ANNUAL INCREMENTS AND ADVANCEMENT BARS

Withholding of salary increments and halting at advancement bar

16.-(1) The Commission is empowered to withhold one or more annual increments of salary in respect of an officer whose service has been unsatisfactory in any regard. Representations may be made by such officer to the Commission against such decision.

(2) An officer who in the opinion of the Commission is not suitable to pass an advancement bar on his salary scale shall at the discretion of the Commission be halted immediately before the bar. Representations may be made by such officer to the Commission against such decision.

PART V-TRANSFERS AND TERMINATIONS OF EMPLOYMENT OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS

Transfers and terminations of employment

17.-(1) No officer maybe transferred from one department to another department unless approval for such transfer has been given by the Commission, but the posting of an officer between posts in the same level within the same department or the transfer of an officer in a common-user class from one department to another department shall not be regarded as a transfer for the purpose of this regulation.

(2) If the Commission at any time finds that a greater number of persons is employed in any department of the Public Service than it considers to be necessary for the efficient working thereof, such persons as are redundant may be transferred to any other department of the Public Service at the discretion of the Commission; and if any person so found to be redundant cannot in the opinion of the Commission be usefully employed in any other department of the Public Service the Commission may terminate his employment.

Compulsory retirement on the grounds of age

18.-(1) When the Commission is of the opinion that an officer should be retired from the Public Service on the grounds that he has attained the age at which he can, under the provisions of any written law for the time being in force, lawfully be required to retire from the Public Service, the officer shall be-

(a) served notice in writing that it is intended compulsorily to retire him from a stated date which shall be not earlier than a date representing the minimum period of notice required by the written law governing the superannuation arrangements under which he is serving or, in the absence of any such requirement to give statutory notice, from a date not earlier than six months following the date on which notice is served;

(b) asked to submit, within a month of notice being served, any representations he might wish to make as to why he should not be so retired. Any such submission shall be considered by the Commission and shall not constitute an appeal under the provisions of paragraph (d) of subsection (1) of section 14 of the Act.

(2) In the event of the officer making representations the Commission shall, within two months of notice being served, confirm or vary the decision compulsorily to retire the officer and convey the decision to him.

(3) Nothing in this regulation shall prevent an officer whose compulsory retirement is under consideration from retiring voluntarily if he is not the subject of disciplinary action or under the threat of such action.

Compulsory retirement on medical grounds

19.-(1) When it appears to the Commission that an officer is incapable by reason of any infirmity of mind or body of discharging in a proper manner the functions of his office it may call upon such officer to submit himself to examination by a medical board appointed by the Permanent Secretary for Health with a view to ascertaining whether or not such officer is incapable as aforesaid.

(2) The report embodying the findings and recommendation of the medical board shall be made known to the Commission without delay. The content of the report shall not be made known to the officer or to any other officer, person or body except with the permission of the Commission.

(3) Unless the Commission considers it necessary to institute, or cause to be instituted, further enquiry into any matter bearing on the officer's incapacity it shall forthwith give the officer notice of retirement on medical grounds to take effect on a date not earlier than a date which shall allow the officer to enjoy the balance of any leave on account of sickness to which he might otherwise have been entitled by virtue of his relevant leave and passage conditions.

PART VI-DISCIPLINE

Letter of warning

20. A Permanent Secretary, or any officer acting properly with the authority of the Permanent Secretary, may, if he considers that action under regulation 21 is not warranted in respect of any minor act of misconduct by an officer, issue a letter to such officer warning him that the act of misconduct has been recorded. A copy of any such letter issued under this regulation shall be placed with the officer's confidential staff report.

Minor offences

21.-(1) If a Permanent Secretary, or any officer acting properly with the authority of the Permanent Secretary, has reason to believe that an officer of his department has committed an offence against section 12 of the Act, or any regulations as may be made under the provisions of that Act, which the Permanent Secretary regards as a minor offence, he may charge the officer with having committed the alleged offence and require the officer to furnish an explanation. Nothing in this regulation shall prevent a Permanent Secretary from treating one of a series of minor offences as a major offence under regulation 22.

(2) If after considering the explanation and any evidence bearing on the alleged offence, the Permanent Secretary is satisfied that the offence has been proved he may caution or reprimand the officer. Further the Permanent Secretary may order that a sum not exceeding $10 be deducted from the officer's salary. Any action taken under this regulation shall forthwith be reported to the Commission by the Permanent Secretary.

(3) Any officer aggrieved by a decision of his Permanent Secretary under this regulation may appeal therefrom to the Commission in writing so that his appeal is received by the Commission within 14 days, or within such period as the Commission may allow in any special circumstances, after the date on which the decision of the Permanent Secretary has been communicated to him.

(4) Upon any such appeal the Commission shall confirm, annul, or vary by reducing or increasing the penalty imposed by the Permanent Secretary: Provided that the fine imposed for a minor offence shall not exceed $10.

Major offences

22.-(1) If a Permanent Secretary, or any officer acting properly with the authority of the Permanent Secretary, has reason to believe that an officer of his department has committed an offence against section 12 of the Act, or any regulation as may be made thereunder, which the Permanent Secretary does not regard as a minor offence (or being a minor offence at the latest of a series of such offences does not regard action under regulation 21 to be appropriate) he-

(a) may, at his discretion and where he thinks that the public interest would best be served by his so doing, interdict the officer at once from the exercise and function of his office; and

(b) shall forthwith serve the officer with a written copy of the charge against him, in which event the following provisions of this regulation will apply.

(2) The officer concerned shall by notice in writing be required to state in writing within a reasonable time to be specified in such notice whether he admits or denies the truth of the charge and shall also be required to give to the Permanent Secretary in writing such explanation as will enable proper consideration to be given to the alleged offence. If a denial of the truth of the charge is not made within the required time, the officer shall be deemed to have admitted the truth thereof and one or more of the penalties specified in paragraph (6) may be imposed.

(3) The Permanent Secretary shall forthwith forward to the Commission a copy of the charge and the replies thereto, together with his own report on the matter and such other reports as he may have obtained, and the Commission shall thereupon proceed to consider and determine the matter.

(4) If the Commission is of the opinion that the charge should be investigated by some officer or person specially appointed for the purpose, it may make such an appointment; and every officer or person so appointed shall conduct an inquiry into the matter.

(5) Where a charge is made against an officer under the provisions of this regulation, any person or persons appointed under paragraph (4) shall have the same powers as the Commission to summon and examine any witness whose evidence may be deemed necessary or material, and shall, after fully hearing the case, report to the Commission his opinion thereon and forward to the Commission with his report a copy of all evidence received by him.

(6) If the truth of the charge is admitted by the officer concerned, or if the Commission, after consideration of the reports relating to the charge and any reply or explanation furnished by the officer, and after any such further investigation or inquiry as it considers necessary, is satisfied as to the truth of the charge, it may, after taking into account the service record of the officer, impose one or more of the following penalties:-

(a) caution and reprimand the officer;

(b) order to be deducted by way of penalty from the salary of the officer such sum not exceeding $100 as it thinks fit;

(c) transfer the officer to other duties;

(d) reduce the rate of salary of the officer (with or without a consequent reduction in his grading);

(e) dismiss the officer from the Public Service.

(7) As soon as practicable after the conclusion of any investigation or inquiry under this regulation, the Commission shall, by notice in writing, inform the officer concerned of the Commission's decision and of any penalty imposed by it.

(8) If any charge is established under the provisions of this regulation, and the Commission is satisfied that any omission or default involved in that finding resulted in ascertained or assessable damage to Crown property or loss to the Crown, the Commission may recommend to the Permanent Secretary for Finance that recovery of an amount not exceeding the amount of such damage or loss be effected by the Minister responsible for finance under the powers vested in him by virtue of section 63 of the Finance Act. Such recovery shall be in addition to any penalty that may lawfully be imposed under paragraph (6). (Cap. 69.)

(9) The Commission may, pending the hearing and determination of a charge against an officer under this regulation, transfer the officer to other duties unless the officer has been placed under interdiction as provided by sub-paragraph (a) of paragraph (1).

Offences by Permanent Secretary

23. If in any case the Commission has grounds to suspect that any Permanent Secretary may have committed an offence to which regulation 22 applies, it may notify the Permanent Secretary accordingly and institute an inquiry. In any such case the provisions of regulation 22 shall apply with the necessary modifications, references in that regulation to the Permanent Secretary being construed, where necessary for the purposes of this regulation, as references to the Commission.

Criminal prosecution

24.-(1) When a disciplinary offence is being investigated under the provisions of regulations 21, 22 or 23 and it seems that an offence against any law might have been committed by an officer, the Permanent Secretary or the Commission, as the case may be, shall refer all relevant papers to the Commissioner of Police for investigation and for such action as may be appropriate.

(2) Whilst the Commissioner of Police is investigating the matter, no disciplinary inquiry shall be held.

(3) If as a result of the investigation by the Commissioner of Police it is decided that no prosecution shall take place, the Commission shall decide whether or not a disciplinary inquiry should be held.
(Substituted by Regulations 9th April 1975*.)
* See Legal Notice No. 35 of 1975.

Transfer or interdiction pending hearing, and disciplinary penalty following conviction. for criminal offence

25.-(1) An officer who is charged with having committed any offence punishable by imprisonment for a term of one year or more may be transferred to other duties or interdicted from duty by the Commission; and if he is convicted (whether or not he has been interdicted) one of the following penalties may be imposed on him by the Commission:-

(a) he may be dismissed;

(b) he may be deemed to have committed an offence against section 12 of the Act and required to suffer such penalty less than dismissal as the Commission may impose.

(2) Nothing in regulation 22 shall apply with respect to any action taken under this regulation.

(3) An officer who is convicted of any offence to which paragraph (1) does not apply may be deemed by the Commission to have committed an offence against section 12 of the Act, and required to suffer such penalty less than dismissal as the Commission may impose.

Interdiction

26.-(1) An officer interdicted from the performance and function of his office by the Commission, or on the authority of the Commission by a Permanent Secretary in accordance with sub-paragraph (a) of paragraph (1) of regulation 22, may have such interdiction removed only by the Commission in writing, and authority for such removal shall not be delegated.

(2) An officer under interdiction shall not have access to any official premises and shall not remove, destroy or add to, or cause to be removed, destroyed or added to, any official document, instrument or matter.

(3) An officer shall not be paid salary or any amount in compensation for loss of earnings in respect of a period of interdiction unless the Commission otherwise directs or he is acquitted of the charge.

Inquiry

27.-(1) At any inquiry or investigation held under the provisions of regulation 22, or regulation 22 as modified by regulation 23, with respect to any charge made against an officer, the officer shall be entitled to be assisted in the presentation of his case. The Commission may insist that the officer be present and available for questioning and examination.

(2) If witnesses are examined by the Commission or by any officer or person appointed to investigate any alleged disciplinary offence the officer charged shall be permitted to examine those witnesses and to call witnesses on his own behalf.

(3) No documentary evidence shall be used against an officer charged with a disciplinary offence unless that officer has previously been supplied with a copy thereof or given access thereto.

(4) If, during the course of the inquiry, grounds for directing an additional charge against the officer are disclosed, the Commission shall follow the same procedure in respect of the additional charge as was adopted in laying the original charge under regulation 22 or regulation 22 as modified by regulation 23.

_______________________

REGULATION 2 OF THE PUBLIC SERVICE COMMISSION (CONSTITUTION) REGULATIONS

APPOINTMENT OF PERMANENT SECRETARIES

Notice* 8th March 1974
* See Legal Notice No. 53 of 1974.

(Appointment made by the Public Service Commission)

The holders for the time being of the following offices are appointed to have the powers and functions of a Permanent Secretary for the purpose of those Regulations:-

Commissioner of Police
Solicitor-General
Auditor-General
Chief Registrar, Supreme Court
Chief Magistrate
Clerk to Parliament
Ombudsman
Supervisor of Elections
Director of Public Prosecutions.

Controlled by Office of the Prime Minister

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