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Fiji Sessional Legislation |
FIJI ISLANDS
ARRANGEMENT OF SECTIONS
Part 1 - PRELIMINARY
1. Short
title
2.
Commencement
3.
Interpretation
Part 2-THE PUBLIC SERVICE
4. Public Service
Values
5. Regulations and directions
about the Public Service Values
6.
Public Service Code of Conduct
7.
Ground for discipline
8.
Responsibilities of chief
executives
9. Establishment of
Senior Executive Service
10. Purpose
of Senior Executive Service
Part 3-PUBLIC SERVICE COMMISSION
11. Commission's
statutory functions
12. Directions
of Minister
13. Inquiries by Public
Service Commission
14. Annual
reports by Public Service
Commission
15.
Regulations
16.
Delegation
17. Secretary and other
staff of Public Service Commission
Part 4-SERVICE COMMISSIONS GENERALLY
18. Additional
powers of service Commissions
19.
Reports by service Commissions
20.
Service Commission directions
21.
Delegation of employment powers to chief
executives
22. Improperly
influencing service Commission
23.
Protection of members of service Commissions
Part 5-PUBLIC SERVICE APPEAL BOARD
24. Continuation
of Public Service Appeal Board
25.
Rights of Appeal
26. Procedure on
appeal
27. Attempts to influence
Appeal Board
Part 6-MISCELLANEOUS
28. Act binds the
State
29. Act extends outside Fiji
Islands
Part 7-TRANSITIONAL PROVISIONS
30. References to
earlier Acts etc.
31. References to
Permanent Secretaries and other
officers
32. General orders and
instructions
Part 8-REPEALS AND AMENDMENTS
33. Repeals and
saving
34. Amendments
Schedule-Amendments
----------------------------------------
K. K. T. MARA
President
[19 March 1999]
TO MAKE PROVISION, FURTHER TO THAT IN THE CONSTITUTION, FOR THE PUBLIC SERVICE AND THE PUBLIC SERVICE COMMISSION, FOR OTHER SERVICE COMMISSIONS, FOR A PUBLIC SERVICE APPEAL BOARD, AND FOR RELATED MATTERS
ENACTED by the
Parliament of the Fiji Islands-
Part 1-PRELIMINARY
Short title
1. This Act may
be cited as the Public Service Act 1999.
Commencement
2.-
(1) This Act commences on a date or dates appointed by the Minister by notice in
the Gazette.
(2) The Minister
may appoint different dates for the commencement of different
provisions.
(3) In appointing dates under this section the Minister must
have regard to the need to synchronise the provisions of this Act with
those of
the Public Finance Management Act 1999.
Interpretation
3. In this Act,
unless otherwise stated or the context otherwise requires-
"Appeal Board" means the Public Service Appeal Board established by Part 5;
"chief executive" has the same meaning as in the Public Finance Management Bill 1999;
"constitutional functions", of a service Commission, means the functions conferred on the Commission by the Constitution;
"Constitutional Offices Commission" means the Commission of that name established by section 142(a) of the Constitution;
"delegate", of a service Commission, means a person to whom a function or power of the Commission has been delegated or subdelegated;
"delegation" includes a subdelegation where the power to delegate so provides;
"department" has the same meaning as in the Public Finance Management Act 1999;
"directions" means directions made by a service Commission under section 20 of this Act;
"Disciplined Services Commission" means the Commission continued in existence under that name by section 142(c) of the Constitution;
"employee" means a person employed in the public service but does not include a wage earner;
"government company" has the same meaning as in the Public Finance Management Act 1999;
"Judicial and Legal Services Commission" means the Commission of that name established by section 131(1) of the Constitution;
"member" means a member of the Appeal Board;
"Minister", in relation to a service Commission, means the Purchase Minister with responsibility for that Commission;
"Ministry" has the same meaning as in the Public Finance Management Act 1999;
"Ownership Minister" has the same meaning as in the Public Finance Management Act 1999;
"parliamentary body" has the same meaning as in the Public Finance Management Act 1999;
"public service" means the service of the State in any capacity, but does not include service in-
(a) an office of judge;
(b) a judicial office that is the responsibility of the Judicial and Legal Service Commission;
(c) an office in the Republic of Fiji Islands Military Forces;
(d) the office of a member of a commission, tribunal or board established by, or continued in existence under the Constitution;
(e) a statutory authority; or
(f) a government company;
"Public Service Code of Conduct" means the rules in section 6;
"Public Service Commission" means the Commission of that name continued in existence by section 142(b) of the Constitution;
"public service union" means a trade union that is registered under the Trade Unions Act and recognised by the relevant Commission for the purpose of collective bargaining in relation to a group of employees;
"Public Service Values" means the values set out in section 4;
"Purchase Minister" has the same meaning as in the Public-Finance Management Act 1999;
"regulations" means regulations made by a service Commission under this Act or section 173(1) of the Constitution;
"relevant Commission" in relation to an employee, means the service Commission whose functions extend to that employee;
"relevant employee", in relation to a service Commission, means an employee to whom the functions of that Commission extend;
"Senior Executive Service" means the service established by section 9;
"service Commission" means any of-
(a) the Public Service Commission;
(b) the Constitutional Offices Commission;
(c) the Judicial and Legal Services Commission;
(d) the Disciplined Services Commission;
"statutory authority" has the same meaning as in the Public Finance Management Act 1999;
"statutory functions", of a service Commission, means the functions conferred on the Commission by or under this or any other Act, other than the Constitution;
"subordinate legislation" means any instrument of a legislative character made in exercise of a power conferred by an Act, and includes directions;
"this Act" includes any regulations or directions made under it;
"wage earner" means a person employed in the public service by reference to a rate of remuneration or payment other than an annual one.
Part 2-THE PUBLIC SERVICE
Public Service Values
4.-(1) The public
service respects the values, policies, rights and freedoms set out in he
Constitution.
(2) Employment decisions in the public service are made
without patronage, favouritism or political influence, and appointments and
promotions are made on the basis of merit after an open, competitive selection
process.
(3) Men and women equally, and the members of all ethnic groups,
have adequate and equal opportunities for training and advancement
in the public
service.
(4) The public service carries out the Government's policies and
programs effectively and efficiently and with due economy.
(5) The
composition of the public service reflects as closely as possible the ethnic
composition of the population, taking account,
when appropriate, of occupational
preferences.
(6) The public service provides a working environment that
is free from discrimination.
(7) The public service is apolitical,
performing its functions in a neutral, impartial and professional
way.
(8) The public service is fully accountable, within the framework of
the Constitution and the Public Finance Management Act 1999, to the Government,
the Parliament and the people of the Fiji Islands.
(9) The public service
is responsible to the Government in providing frank, honest, comprehensive,
accurate and timely advice and
implementing the Government's policies and
programs.
(10) The public service has the highest ethical standards,
particularly for integrity and honesty.
(11) The public service delivers
services fairly, effectively and courteously.
(12) The public service
develops and maintains leadership of the highest quality, particularly through
the Senior Executive Service.
(13) The public service provides a fair,
flexible and rewarding workplace.
(14) The public service focuses on
achieving results and managing performance.
Regulations and directions about the Public Service Values
5.-(1)
The Public Service Commission may make regulations, or give written
directions-
(a) for the purpose of ensuring that all employees uphold the Public Service Values; and
(b) as to the scope or application of the Public Service Values.
(2) The Public
Service Values have effect subject to any regulations made or directions given
under subsection (1), including any
regulations or directions restricting the
scope or application of the Public Service Values or resolving potential
inconsistencies
between them.
Public Service Code of Conduct
6.-(1) An
employee must behave honestly and with integrity in the course of employment in
the public service.
(2) An employee must act with care and diligence in
the course of employment in the public service.
(3) An employee, when
acting in the course of employment in the public service, must treat everyone
with respect and courtesy, and
without coercion or harassment of any
kind.
(4) An employee, when acting in the course of employment in the
public service, must comply with all applicable Acts and subordinate
legislation.
(5) An employee must comply with all lawful and reasonable
directions given by persons in authority in the employee's Ministry, department
or parliamentary body.
(6) An employee must maintain appropriate
confidentiality about dealings that the employee has with any Minister or any
member of
the staff of a Minister.
(7) An employee must disclose, and
take reasonable steps to avoid, any conflict of interest (real or apparent) in
connection with
employment in the public service.
(8) An employee must
use Government resources and assets in a proper way.
(9) A person must
not, in the course of or in connection with employment in the public service,
provide false or misleading information
in response to a request for information
that is made for official purposes.
(10) An employee must not make
improper use of official information or of the employee's duties, status, power
or authority in order
to gain, or seek to gain, a benefit or advantage for the
employee or for anyone else.
(11) An employee must not, except in the
course of his or her duties as an employee, or with the express authority of the
chief executive
of his or her Ministry, department or parliamentary body, give
or disclose, directly or indirectly, any information about public
business or
anything of which the employee has official knowledge.
(12) An employee
must at all times behave in a way that upholds the Public Service Values and the
integrity and good reputation of
the public service.
(13) An employee on
duty overseas must at all times behave in a way that upholds the good reputation
of the State.
(14) An employee must comply with any other conduct
requirement prescribed by regulations, specified in directions or required of
the employee by his or her duel executive.
(15) In this section
"employee" includes a wage earner.
Ground for discipline
7. A breach of
the Public Service Code of Conduct by an employee is a ground for disciplinary
action under the regulations of the relevant
Commission or, in the case of a
person to whom Part 4 of the Constitution applies, for removal under that
Part.
Responsibilities of chief executives
8.-(1) A chief
executive must uphold and promote the Public Service Values, and is bound by the
Public Service Code of Conduct.
(2) The chief executive of a Ministry is
responsible to the relevant Minister or Ministers concerned for the efficient,
effective
and economical management of the Ministry, including any department or
group of departments in the Ministry.
(3) Chief executives are
collectively responsible for providing leadership of the highest quality for the
public service.
(4) In recognition of their collective responsibility,
chief executives must work together to-
(a) provide direction on the future of the public service;
(b) motivate employees to reach their full potential; and
(c) initiate good management practice.
Establishment of Senior Executive Service
9.-(1) This
section establishes a Senior Executive Service.
(2) The Senior Executive
Service consists of chief executives and all employees holding offices
designated by the Public Service Commission
as senior executive
offices.
(3) Before designating an office under subsection (1) the Public
Service Commission must consult the relevant Commission and the chief
executive
of the Ministry, department or parliamentary body concerned.
Purpose of Senior Executive Service
10. The purpose
of the Senior Executive Service is to attract, develop and retain a group of
employees each of whom, within the employee’s
Ministry, department or
parliamentary body-
(a) provides at a high level one or more of the following-
(i) professional expertise;
(ii) policy advice;
(iii) management;
(b) promotes cooperation with other Ministries and departments and parliamentary bodies in implementing Government policies and programs; and
(c) by personal example and in other appropriate ways upholds and promotes the Public Service Values and compliance with the Public Service Code of Conduct.
Part 3-PUBLIC SERVICE COMMISSION
Public Service Commission's statutory functions
11.-(1) In
addition to its constitutional functions, the Public Service Commission has the
following functions-
(a) to consider and report to the Government on public service issues;
(b) to promote and uphold the Public Service Values and the Public Service Code of Conduct, and to monitor and evaluate-
(i) the extent to which Ministries, departments and parliamentary bodies have adopted the Public Service Values;
(ii) the extent to which the structure of the public service supports the Public Service Values;
(iii) the adequacy of the systems and procedures in Ministries, departments and parliamentary bodies for ensuring compliance with the Public Service Code of Conduct;
(c) to develop, promote, review and evaluate public service employment policies and practices;
(d) to facilitate continuous improvement in human resources management in the public service,
(e) to provide or facilitate training and career development for the public service (including public service examinations) and to coordinate and support service-wide training and career development opportunities in the public service insofar as those functions are not performed by some other body;
(f) to contribute to, and foster, leadership in the public service;
(g) to review, and advise the Government on, the structure, size and composition of the public service, including the creation, amalgamation and abolition of Ministries and departments, the functions of departments, and staffing levels in Ministries and departments;
(h) to perform in relation to employees the functions of an employer including but not limited to-
(i) the classification of employees;
(ii) the duties of employees, and the places where they are to be performed;
(iii) the transfer of employees to and between Ministries and departments.
(iv) the setting of remuneration and other terms of employment, unless another written law confers those functions on some other person or body in relation to any employee or class of employee;
(i) to ensure that adequate office accommodation is provided for the public service; and
(j) to supervise physical working conditions in the public service as required;
(k) if requested, to give advice and assistance to Ministries, departments and other service Commissions in relation to public service issues; and
(l) to perform any other functions given to the Commission by or under this Act or any other written law.
(2) The Public Service Commission must,
if directed by the Ownership Minister for a statutory authority-
(a) investigate and report on the state of the statutory authority and give a copy of the report to the Ownership Minister; and
(b) give advice and assistance to the statutory authority in relation to-
(i) its management or employment policies and practices;
(ii) training or career development for its employees.
(2) In this
section-
"department" includes a parliamentary body;
"employee" includes a wage earner.
Directions of Minister
12.-(1) In
performing its statutory functions the Public Service Commission must, subject
to subsection (2), act in accordance with any
general directions as to policy
given to it in writing by the Minister, which may include directions as to
delegation of the Commission's
functions under section 16.
(2) The Public
Service Commission or a delegate of the Commission is not subject to directions
by any Minister in respect of the performance
of the Commission's statutory
functions in relation to a particular person.
(3) This section does not
affect section 173(4) of the Constitution as regards the constitutional
functions of the Public Service
Commission.
(4) In giving directions to
the Public Service Commission under subsection (1) the Minister must have regard
to the need to synchronise
and harmonise the provisions of this Act with those
of the Public Finance Management Act 1999.
Inquiries by Public Service Commission
13.-(1) The
Public Service Commission may, on its own initiative or if asked to do so by the
Prime Minister, conduct an inquiry into-
(a) an alleged breach of the Public Service Code of Conduct by any employee; or
(b) any public service employment policy or practice.
(2) For the purpose of an
inquiry, the Public Service Commission, or a person authorised by the
Commission, may-
(a) enter the premises of any department;
(b) require production of, examine and copy any document in the possession of a department;
(c) interview any employee; or
(d) interview anyone else who can provide information relevant to the inquiry.
(3) Chief executives and other
employees must give the Public Service Commission any assistance it reasonably
requires to conduct
an inquiry.
(4) Without limiting subsection (3), the
Public Service Commission may require an employee to answer any question
relevant to the
inquiry.
(5) Subsection (4) does not prevent an employee
from asserting a claim of privilege against self-incrimination in accordance
with
law.
(6) For the purpose of an inquiry under this section the Public
Service Commission has the same powers and authority to summon witnesses
and to
admit and receive evidence as are given to the commissioners of a commission of
inquiry by section 9 of the Commissions of
Inquiry Act (Cap. 47), and sections
14 and 17 of that Act apply, with necessary changes, in relation to the powers
and authority
given to the Commission by this subsection.
(7) Before
conducting an inquiry on its own initiative under this section in relation to an
employee in respect of whom the functions
of another service Commission extend,
the Public Service Commission must consult that Commission.
(8) In this
section-
"department" includes a parliamentary body;
"employee" includes a wage earner.
Annual reports by Public Service Commission
14.-(1) Within 4
months after the end of each year, the Public Service Commission must give the
Prime Minister a report on the state
of the public service and the performance
of the Commission during the year.
(2) The Prime Minister must cause a
copy of the report under subsection (1) to be laid before each House of the
Parliament within
14 sitting days of the House after it is received by the Prime
Minister.
(3) The requirements of this section are in addition to any
reporting requirement imposed on the Public Service Commission by or under
the
Public Finance Management Act 1999.
Regulations
15.-(1) The
Public Service Commission, with the agreement of the Prime Minister, may make
regulations prescribing anything-
(a) required or permitted by this Act to be prescribed;
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act; or
(c) necessary or convenient to be prescribed for carrying out its statutory functions, or for the efficient, effective and economical management, control and working of the public service.
(2) Without limiting subsection (1),
regulations made under it may make provision with respect to-
(a) the Senior Executive Service, including the basis on which employees in the Senior Executive Service are to be employed;
(b) the appointment, promotion and transfer of all employees;
(c) the retirement, retrenchment and termination of employment of all employees;
(d) the conduct and discipline of all employees;
(e) handling of grievances;
(f) performance agreements to be entered into by chief executives which are consistent with the Public Finance Management Act 1999;
(g) performance assessments of chief executives, in relation to their performance agreements;
(h) the contents of annual corporate plans and annual reports of Ministries and departments in relation to personnel matters;
(i) performance improvement programs by Ministries and departments.
(3) Regulations
made under this section may also prescribe-
(a) the fees, allowances and expenses to be paid to a person for carrying out a function or duty under this Act; and
(b) fees for appeals to the Appeal Board.
(4) This section is in addition to the
powers of the Public Commission to make regulations under section 173(1) of the
Constitution.
(5) If regulations under subsection (2) are made relating
to performance assessment of chief executives, they must provide that before
completing any such assessment the relevant Commission must consult-
(i) the relevant Purchase Minister as regards the extent to which the Ministry or department met its obligations under a purchase agreement with that Minister;
(ii) the relevant Ownership Minister as regards the extent to which the Ministry or department met its obligations under its annual corporate plan prepared pursuant to the Public Finance Management Act 1999.
(6) In making regulations under this
section the Public Service Commission must have regard to the need to
synchronise and harmonise
the regulations with the provisions of the Public
Finance Management Act 1999.
(7) Before making regulations affecting
employees in respect of whom the functions of another service Commission extend,
the Public
Service Commission must consult that Commission.
(8) In this
section-
"department" includes a parliamentary body;
"employee" includes a wage earner.
Delegation
16.-(1) The
Public Service Commission may, in writing, delegate to a member or officer of
the Commission, or the holder of a public office
(within the meaning of the
Constitution), any of its statutory functions or of its powers in relation to
its statutory functions.
(2) A person to whom functions or powers are
delegated under subsection (1) may, in writing, delegate any of the functions or
powers
to an employee (the "subdelegate").
(3) A delegation may be made
under subsection (2) only with the prior written approval of the Public Service
Commission.
(4) A function or power delegated under subsection (2) is,
when performed or exercised by the subdelegate, taken to have been performed
or
exercised by the Public Service Commission.
(5) A delegation under this
section continues in force despite any change in the membership of the Public
Service Commission.
(6) A delegation under this section may be revoked or
amended at any time by the Public Service Commission.
(7) All relevant
written laws apply to a delegate (including a subdelegate) in the performance of
a delegated function, or the exercise
of a delegated power, as if the delegate
were the Public Service Commission.
(8) A delegation under subsection (1)
may be performed or exercised only in accordance with any conditions applying to
the delegation,
and a subdelegation under subsection (2) may be performed or
exercised only m accordance with any conditions applying to the delegation
under
which the subdelegation was made.
(9) This section is in addition to-
(a) the Public Service Commission's power of delegation under section 150 of the Constitution;
(b) sections 31A, 31B and 31C of the Interpretation Act (Cap. 7).
(10) Subsections
(5) to (8) apply to a delegation under section 150 of the Constitution in the
same way as they apply to a delegation
under subsection (1).
(11)
Subsection (2) does not apply to a delegation under section 150 of the
Constitution.
(12) In the exercise of its powers under this section the
Public Service Commission must have regard to the need to synchronise and
harmonise its functions with the provisions of the Public Finance Management Act
1999.
(13) Before delegating any functions to an employee in respect of
whom the functions of another service Commission extend must consult
that
Commission.
Secretary and other stuff of Public Service Commission
17.-(1) There is
to be a Secretary for the public service who is also the Secretary to the Public
Service Commission.
(2) The Public Service Commission is also to have
other staff necessary to perform its constitutional and statutory
functions.
(3) The Secretary for the public service and other Commission
staff must be persons employed in the public service
Part 4-SERVICE COMMISSIONS GENERALLY
Additional powers of service Commissions
18.-(1) Every
service Commission has the power to do everything necessary or convenient to be
done for, or in connection with, the performance
of its functions under the
Constitution or this Act.
(2) The powers given to a service Commission by
subsection (1) are in addition to its powers under the Constitution, any other
provision
of this Act or any other written law.
(3) In the exercise of
its powers and the performance of its functions every service Commission
must-
(a) comply with the requirements of section 140 of the Constitution;
(b) synchronise and harmonise its decisions with the provisions of the Public Finance Management Act 1999;
(c) before taking action which would affect an employee in respect of whom the functions of another service Commission extend, consult that Commission.
Reports by service Commissions
19.-(1) A service
Commission may, at any time, give the Minister a report about any issue relevant
to its functions.
(2) A service Commission must, if asked by the
Minister, give the Minister a report about any issue relevant to its functions,
but
without affecting section 173(4) of the Constitution.
(3) This
section is in addition to any other requirement of a written law relating to
reports by service Commissions.
Service Commission directions
20.-(1) A service
Commission may give to relevant employees written directions about anything
necessary or convenient to be prescribed
for carrying out its constitutional
functions or its statutory functions, or for the efficient, effective and
economical management,
control and working of the public service.
(2)
Without limiting subsection (1), a service Commission may give written
directions about how functions or powers delegated by it
are to be performed or
exercised and about any other matter with respect to which the Commission may
make regulations.
(3) A service Commission's directions cannot create
offences or impose penalties.
(4) Chief executives and other employees
must comply with any directions of a service Commission that are expressed to be
binding
on them.
(5) In this section "employee" includes a wage
earner.
Delegation of employment powers to chief executives
21.-(1) A chief
executive is the employer of the employees in the relevant Ministry, department
or parliamentary body to the extent
that-
(a) the relevant Commission delegates its rights, duties and powers as an employer to the chief executive under the Constitution; or
(b) the Public Service Commission delegates such rights, duties and powers under section 16 of this Act.
(2) Without limiting subsection (1), a
chief executive has, in relation to employees in the relevant Ministry,
department or parliamentary
body the rights, duties and powers prescribed by
regulations or specified in directions.
(3) If a service Commission
delegates to a chief executive its rights, duties and powers as an employer, the
chief executive must,
in exercising those rights and powers and performing those
duties, comply with-
(a) the requirements of section 140 of the Constitution;
(b) relevant provisions of the Public Finance Management Act 1999; and
(c) any applicable regulations.
(4) In this section employee
includes a wage earner.
Improperly influencing service Commission etc.
22.-(1) A person
who seeks (directly or indirectly) to improperly influence a service Commission,
a member, employee, agent or delegate
of a service Commission or the Secretary
for the public service commits an offence.
(2) A person who commits an
offence under subsection (1) is liable on conviction to a fine of
$1,000.
Protection of members of service Commission etc.
23.-(1) This
section applies to a person who is or has been a member, employee, agent or
delegate of a service Commission or the Secretary
for the public
service.
(2) A person mentioned in subsection (1) is not liable in
relation to an act done or omitted to be done by the person in good faith
in the
performance or purported performance of a function, or the exercise of a power,
of the relevant Commission.
Part 5-PUBLIC SERVICE APPEAL BOARD
Contribution of Public Service Appeal Board
24.-(1) This
section continues in existence the Public Service Appeal Board established by
the Public Service (Amendment) Act 1998 (No.
58 of 1998).
(2) The Appeal
Board consists of the following members-
(a) a chairperson appointed by the Minister after consultation with the Chairperson of each service Commission and with the public service unions;
(b) a member appointed by the Minister on the joint nomination of the Chairpersons of all the service Commissions; and
(c) a member appointed by the Minister on the joint nomination of the public service unions.
(3) A person who holds a public office
must not be appointed as a member.
(4) Subject to this section, a member
holds office for 3 years but is eligible for reappointment.
(5) The term
of appointment of a member expires upon his or her reaching the age of 65, and a
person must not be appointed or reappointed
if he or she has reached that
age.
(6) The Minister may terminate the appointment of a member for
misbehaviour o physical or mental incapacity.
(7) If a member-
(a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(b) is absent, without reasonable excuse, from 3 consecutive meetings of the Appeal Board; or
(c) has, in the Minister's opinion, failed to perform his or her functions as a member satisfactorily for a significant period,
the Minister must
terminate the member's appointment.
(8) A member may resign by notice in
writing to the Minister.
Rights of appeal
25.-(1) Subject
to this section, every employee, other than an employee on probation, may appeal
to the Appeal Board under this Part
against-
(a) the promotion of any employee, or the appointment of any person who is not an employee, to a position in the public service for which the appellant, had applied by way of promotion;
(b) the taking of disciplinary action against the appellant; or
(c) the transfer of the appellant from one district to another within the Fiji Islands.
(2) An appeal under paragraph
(1)(a) lapses if, before the appeal is
determined-
(a) the appellant resigns or retires or his or her employment in the public service is lawfully terminated;
(b) the promotion or appointment that is the subject of the appeal is cancelled; or
(c) the officer whose promotion, or the person whose appointment, is the subject of the appeal dies or vacates, renounces or becomes incapable of taking up the position.
(3) Notwithstanding subsection
(1)(b), an employee does not have a
right to appeal against disciplinary action against the employee for a refusal
to comply with or obey
an instruction or order transferring the employee from
one district to another within the Fiji Islands if the employee has already
had
an appeal against the transfer dismissed.
(4) An appeal does not lie
against the promotion of an employee, or the appointment of a person, to an
office or position specified
in an order made by the Prime Minister, however
that office or position is for the time being designated.
Procedure on appeal
26.-(1)
Notice of an appeal under this Part, setting out the grounds of the appeal, must
be lodged with the Secretary of the Appeal Board-
(a) within 21 days after the date on which the decision was published or notified to the appellant; or
(b) within any further time allowed by the Appeal Board on sufficient reason being shown by the applicant.
(2) An appellant must, when lodging
an appeal with the Secretary of the Appeal Board, deposit with the Public
Service Commission the
prescribed fee, which must be refunded if the appeal is
allowed.
(3) For the purpose of determining an appeal, the Appeal Board
has the same powers and authority to summon witness and to obtain evidence
as
are conferred upon the commissioners of a Commission of Inquiry by section 9 of
the Commissions of Inquiry Act, and section 14 and 17 of the Act apply, with
necessary changes, in relation to the powers and authority vested in the Appeal
Board
by this Part.
(4) In an appeal the onus of proof rests with the
appellant.
(5) Proceedings of the Appeal Board are not open to the public
but a person authorised by the Board may attend a hearing or part of
a
hearing.
(6) At the hearing of an appeal-
(a) the appellant is entitled to be present and may be represented by a legal practitioner or by any other person; and
(b) the officer or person against whose promotion or appointment the appeal has been lodged is entitled to be heard in such manner as the Appeal Board thinks fit and may be represented by a legal practitioner or by any other person.
(7)
The Appeal Board may direct that 2 or more particular appeals are to be heard
together.
(8) In performing its functions, the Appeal Board must
endeavour to combine fairness to the parties with economy, informality and
speed.
(9) In the conduct of an appeal, the Appeal Board is not bound by
the procedures, legal forms and rules of evidence of a court of
law but
should-
(a) accord natural justice to the parties to the appeal;
(b) keep a written record of its proceedings; and
(c) give reasons for its decision on the appeal.
(10) The Appeal Board may allow or
disallow an appeal by an employee and the relevant Commission must implement the
decision.
(11) If an appeal by an employee under section
25(1)(a) is allowed, the relevant
Commission must forthwith appoint the appellant to the position.
(12) The
Appeal Board may, at any time, disallow an appeal without hearing it, or without
hearing it further, on the ground that it
is frivolous or vexatious or cannot
succeed.
Attempts to influence Appeal Board
27.-(1)
Except as provided in subsection (2), a person who attempts to influence the
Appeal Board or a member of the Appeal Board in respect
of an appeal commits an
offence and is liable on conviction to a fine of $1,000.
(2) Nothing in
subsection (1) prohibits a person from giving information or making
representations in respect of an appeal at the
request or invitation of a
service Commission or the Appeal Board, or as a witness, the appellant or the
representative of a party
at a hearing before the Appeal Board.
Part 6-MISCELLANEOUS
Act binds the State
28. This Act
binds the State.
Act extends outside Fiji Islands
29. This Act
extends to acts and omissions outside the Fiji Islands.
Part 7-TRANSITIONAL PROVISIONS
References to earlier Acts etc.
30.-(1) Unless
the context otherwise requires, a reference in an Act or subsidiary legislation
to the Public Service Act (Cap. 74), the
Public Service Decree 1988 or the
Public Service Decree 1990 is to be construed as a reference to this
Act.
(2) Unless the context otherwise requires, a reference in an Act or
subsidiary legislation to subsidiary legislation under the Public
Service Act
(Cap. 74), the Public Service Decree 1988 or the Public Service Decree 1990 is
to be construed as a reference to the
appropriate subsidiary legislation under
this Act.
(3) The Prime Minister may by order modify or adapt references
in the Act or Decrees mentioned in subsection (1) and (2).
References to Permanent Secretaries and other officers
31. Unless the
context otherwise requires, a reference in an Act or subsidiary legislation
to-
(a) the Permanent Secretary of a Ministry -is to be construed as a reference to the chief executive of a Ministry;
(b) the Permanent Secretary of a particular Ministry - is to be construed as a reference to the chief executive of that Ministry;
(c) an officer of the public service - is to be construed as a reference to an employee as defined in section 3 of this Act;
(d) the Secretary of the Public Service Commission or to the Secretary to Government and for the Public Service - is to be construed as a reference to the Secretary for the Public Service.
General orders and instructions
32.-(1) General
orders made by the Public Service Commission and in force immediately before the
commencement of this section continue
to have effect as if they were directions
given by the Commission under section 20.
(2) Instructions issued by the
Public Service Commission and in force immediately before the commencement of
this section continue
to have effect as if they were directions given by the
Commission under section 20.
Part 8-REPEALS AND AMENDMENTS
Repeals and savings
33.-(1) The
following are repealed-
(a) Public Service Act (Cap. 74);
(b) Public Service Decree 1988;
(c) Public Service Decree 1990;
(d) any Decree or Act amending (a), (b) or (c).
(2)
An appeal to the Appeal Board in progress at the commencement of this section
must continue as if brought under Part 4 of this
Act.
Amendments
34. The Acts
mentioned in the Schedule are amended in the manner specified.
SCHEDULE
(Section
34)
_______
AMENDMENTS
_______
INTERPRETATION ACT (Cap.
7)
Section
2 (Interpretation) - Delete "Permanent
Secretary" in the definition of "secretary" in subsection
(1).
HIGHER SALARIES COMMISSION ACT
(Cap. 2A)
Section
6 (Disqualification for membership) -
Delete subsection (1)(e) and
substitute-
"(e) he is a member of a commission established by, or continued in existence under, the Constitution (except the Public Service Commission).".
Section
11(Functions of Commission) - Delete
subsection (1)(c) and
substitute-
"(c) to consider and determine the salary of the chief executive of every Ministry, department and parliamentary body, and the salary of the holder of every public office (except a public office to which section 183(1) of the Constitution applies) that the Commission prescribes after consultation with the Public Service Commission;".
POLICE
ACT (Cap. 85)
Section
14 (Discharge) - Delete "Police
Service Commission" from subsection
(1)(c) and substitute "Disciplined
Services Commission".
Section
32 (Trial of offences against
discipline) - Delete "Police Service Commission" from subsection (1) and
substitute "Disciplined Services
Commission".
Section
37 (Dismissal and reduction in rank of
police officers convicted by any court) - Delete "Police Service Commission" and
substitute "Disciplined
Services
Commission".
PRISONS ACT (Cap.
86)
Section
8 (General powers of Commissioner) -
Delete "Public Service Commission" in subsection (1) and substitute "Disciplined
Service
Commission”.
Section
11 (Appointment of officers) - Delete
"Public Service Commission" in subsections (1) and (2) and substituting
"Disciplined Services
Commission".
Section
14 (Prolongation of service in case of
war etc) - Delete "Public Service Commission" and substitute "Disciplined
Services Commission".
Section
15 (Discharge)-Delete "Secretary of
the Public Service Commission" in subsection
(3)(a) and substitute "Disciplined
Services Commission".
Section
20 (Officers not to engage in private
employment or to receive gratuities) - Delete "Public Service Commission" in
paragraph (a) and substitute
"Disciplined Services
Commission".
Section
31 (Review by Commissioner) - Delete
"Public Service Commission" in subsection (3) and substitute "Disciplined
Services Commission".
Section
32 (Special proceedings in certain
cases) - Delete "Secretary of the Public Service Commission" in paragraph
(a) and substitute "Disciplined
Services Commission"
Passed by the House of Representatives this
22nd day of February
1999.
Passed by the Senate this
4th day of March 1999.
____________________
PUBLIC SERVICE REGULATIONS 1999
ARRANGEMENT OF REGULATIONS
Part I-PRELIMINARY
1. Citation
2. Commencement
3. Interpretation
4.
Interpretation Act
Part 2-APPOINTMENTS, PROMOTIONS AND TRANSFERS
Division 1: Engagement and promotion
5. Appointment and promotion based on merit
6. Dual
appointments
7. Contract employment
8. Temporary employment
Division 2: Probation
9. Appointments to be on probation
10. Probation
reports
11. Confirmation of appointments etc.
12. Automatic
confirmation
Division 3: Transfer
13. Notice of transfer etc.
Part 3-RETIREMENT
14. Retirement age
15. Compulsory retirement or
retrenchment of excess employees
16. Compulsory retirement for
ill-health
17. Compulsory retirement in the public interest
Part 4-CONDUCT
18. Engaging in another occupation for reward
19.
Holding office in public authority
20. Absence without leave
21. Employee
to report legal proceedings
Part 5-DISCIPLINE
22. Disciplinary action
21. Suspension from
duty
Part
6-ANNUAL REPORTS, CORPORATE PLANS AND
PERFORMANCE
IMPROVEMENT
PROGRAMS
24. Annual reports
25. Corporate plans
26.
Performance improvement programs
Part 7-GRIEVANCES
27. General policy
28. Procedures for
grievances
Part 8-MISCELLANEOUS
29. Written directions
30. Production of documents
etc.
Part 9- REPEALS AND TRANSITIONAL
31. Repeals
32. Contract employment
33. Temporary
employment
34. Transfers
35. Probation
36. Retirement age
37.
Discipline
38. Personal grievances
39. Modification and adaptation
--------------------------------
CONSTITUTION
AMENDMENT ACT 1997
PUBLIC SERVICE
ACT
1999
_______
PUBLIC
SERVICE (GENERAL) REGULATIONS 1999
IN exercise of the powers conferred on it by section 173
(1) of the Constitution and section 15 of the Public Service Act 1999, and with
the agreement of the Prime Minister, the Public Service Commission makes these
Regulations-
Part I-PRELIMINARY
Citation
1. These Regulations may be cited as the Public Service
(General) Regulations, 1999.
Commencement
2. These Regulations commence on the date on which Part 3 of
the Act commences.
Interpretation
3. In these Regulations, unless the context otherwise
requires-
"Act" means the Public Service Act 1999;
"Commission" means the Public Service Commission;
"local authority" means a council of a city, town or district;
"station" includes an area declared to be a station by the Commission;
"transfer" does not include the movement of an employee between positions in the same Ministry or department unless the movement requires the employee to change his or her residence from one station to another.
4. The Interpretation Act (Cap. 7) applies to these
Regulations in the same way as it applies to every other written law within the
meaning of that Act.
Part 2-APPOINTMENTS, PROMOTIONS AND TRANSFERS
Division 1: Appointment and promotion
Appointment and promotion based on merit
5.-(1) The appointment or promotion of a person to an
office pursuant to section 147(1) of the Constitution must be made on the basis
of merit after an open, competitive selection process, and in accordance with
section 140 the Constitution.
(2) An appointment or promotion may only be
made if-
(a) the vacancy in the office, or a vacancy in an office with the same duties, was notified in a public Service Official Circular within the last year as open to any citizen of the State;
(b) an assessment has been made of the relative suitability of the candidates for the duties, after interview or using another competitive selection process;
(c) the assessment was based on the relationship between the candidate's work- related qualities and the work-related qualities genuinely required for the duties;
(d) the assessment focused on the relative capacity of the candidates to perform the duties.
(3) The following work-related
qualities may be taken into account in making an assessment referred to in
subregulation (2)-
(a) skills and abilities;
(b) qualifications, training and competencies;
(c) standard of work performance;
(d) capacity to perform at the level required;
(e) demonstrated potential for further development;
(f) ability to contribute to team performance.
(4) Subregulation (3) does not
prevent any other relevant matter being taken into account.
(5) The
Commission may by directions made under section 20 of the Act provide that this
regulation does not apply, or applies with
specified changes,
to-
(a) the appointment or promotion of a wage earner; or
(b) the appointment of a person to be employed on a contract or to perform duties temporarily in a Ministry or department.
(6) In this regulation, vacancy
includes a vacancy that has not commenced and a prospective vacancy.
Dual appointments
6. If a chief executive of a Ministry or department (the
first Ministry or department) is also appointed as chief executive of another
Ministry or department, the chief executive does not merely because of the
additional appointment cease to be the chief executive
of the first Ministry or
department.
Contract employment
7. The
Commission may employ a person on a contract to perform duties in the Public
Service for a fixed term.
Temporary employment
8.-(1) The Commission may employ a person to perform
duties temporarily in a Ministry or department.
(2) A person may be
employed under subregulation (1) only if the Commission is satisfied
that-
(a) the employment is necessary for the efficient operation of the Ministry or department, and assistance in temporarily performing the duties cannot conveniently be given by another Ministry or department; or
(b) the person should not be appointed to an office in the public service because physical or mental incapacity or a medical condition.
(3) A person employed under
this regulation is to be paid at a rate, and is subject to other terms and
conditions of employment, decided
by the Commission.
Division 2: Probation
Appointments to be on probation
9.-(1) The appointment of a person to the public service
as an employee is, in the first instance, an appointment on
probation.
(2) The period of probation is 12 months.
(3) The
Commission may confirm the appointment of a person before the end of the period
of probation.
Probation reports
10.-(1) In respect of an employee on probation-
(a) a report about the employee's service must be made to the Commission by the employee's Ministry or department 6 months before the end of the period of probation; and
(b) another report about die employee's service must be made by the employee's Ministry or department one month before the end of the period of probation.
(2) A report under subregulation
(1) need not be made if the employee's appointment has already been confirmed by
the Commission.
(3) The report mentioned in subregulation (1) (b) must
include are commendation that-
(a) the employee's appointment be confirmed;
(b) the period of probation be extended;
(c) the employee's appointment be ended.
(4) A recommendation mentioned in
subregulation (3) (b) or (c) may be made about an employee only if-
(a) the employee has been told of the proposed recommendation;
(b) the employee has been given a reasonable opportunity to state his or her views about the recommendation; and
(c) any views stated by the employee have been considered in making the recommendation.
Confirmation of appointment etc.
11.-(1) After considering the probation reports made under
regulation 10 in respect of an employee, the Commission must decide whether
it
is satisfied that the employee's service has been satisfactory.
(2) The
Commission must confirm the appointment of an employee on probation if-
(a) the Commission is satisfied that the employee's service has been satisfactory; and
(b) the employee has passed any examinations required by the Commission.
(3)
If the Commission does not confirm the appointment of an employee on probation
the Commission may-
(a) extend the employee's period of probation by not longer than 6 months; or
(b) end the appointment
(4) One month before the end of
any extended period of probation imposed on an employee under subregulalion (3),
a report about the
employee's service must be made to the Commission by the
employee's Ministry or department.
(5) The report must include a
recommendation that-
(a) the employee's appointment be confirmed; or
(b) the employee's appointment be ended.
(6) After considering the report made
under subregulations (4) and (5), the Commission must -
(a) confirm the appointment; or
(b) end the appointment.
(7) Confirmation of an
appointment must be in writing, unless the appointment is automatically
confirmed under regulation 12.
Automatic confirmation
12.-(1) If the appointment of a person to the public
service has not been confirmed or ended within 18 months after the person's
appointment,
the appointment of the person is automatically confirmed at the end
of that period.
(2) This regulation has effect irrespective of anything
in regulation 10 or 11.
Division 3: Transfers
Notice of transfer etc.
13. The Commission may transfer an employee without the
employee's agreement only if the Commission has-
(a) given the employee 28 days written notice of the transfer;
(b) given the employee an opportunity to state his or her views about the transfer; and
(c) considered any views stated by the employee.
Part 3- RETIREMENT, RETRENCHMENT AND TERMINATION
Retirement Age
14.-(1) An employee must be retired from the public
service on reaching unless the Constitution or any other written law specifies
a
different age in respect of any employee.
(2) Subregulation (1) does not
apply to an employee if the Commission decides that it is in the interests of
the public service that
(lie employee not be retired.
(3) An employee
retired under subregulation (1) may after the retirement be employed under
regulation 7 or 8.
(4) This regulation does not prevent an employee from
retiring-
(a) at die age when an employee can lawfully retire under any written law relating to the grant of pensions, gratuities or compensation;
(b) at another age with the written approval of the Commission.
Compulsory retirement or retrenchment of excess employees
15. The Commission may retire or retrench an employee from
the public service if the Commission is satisfied that the employee is
excess to
the requirements of the employee's Ministry or department because-
(a) the Ministry or department employs more employees than it needs for the effective, efficient, economical and appropriate performance of its functions;
(b) the duties performed by the employee are no longer required.
Compulsory retirement for ill-health
16.-(1) The Commission may retire an employee from the
public service if the Commission is satisfied that the employee is unable to
perform his or her duties, or any other available duties appropriate to the
employee's classification, because of physical or mental
incapacity.
(2)
For the purpose of subregulation (1), the Commission may require an employee to
undergo examination by a medical board consisting
of 3 members each of whom is a
qualified medical practitioner.
(3) Retirement of an employee under this
regulation does not take effect until the day immediately after the day when the
employee
exhausts any sick leave credit to which the employee is entitled before
retirement.
Compulsory retirement or termination in the public interest
17.-(.1) The Commission may retire an employee from the
public service, or terminate an employee's employment, if the Commission is
satisfied that the retirement or termination is in the public
interest.
(2) The Commission may take action under this subregulation (1)
only if-
(a) the Commission has considered a report from the employee's Ministry or department that includes a recommendation that the employee be retired or the employee's employment terminated;
(b) the employee is given a reasonable opportunity to state his or her views about the recommendation; and
(c) when deciding if she retirement or termination is in the public interest the Commission considers -
(i) the report made under paragraph (a);
(ii) any views of the employee about the recommendation stated by the ministry or department; and
(iii) any other relevant circumstances.
Part 4-CONDUCT
Engaging in another occupation for reward
18. An employee must not engage in any occupation for
reward outside the public service without the written agreement of the
Commission.
Holding office in public authority
19. An employee must not accept or continue to hold an
office in a local authority without the written agreement of the
Commission.
Absence without leave
20.- (1) This regulation applies to an employee who is
absent from duty without leave and does not have a reasonable excuse for the
absence.
(2) The employee is not entitled to remuneration for the period
of the absence.
(3) If, within 7 days of the beginning of the absence,
the employee does not tell the Commission the reason for the absence and the
expected date of his or her return to duty, the employee is taken to have
resigned from the public service and forfeits all rights
and entitlements in
relation to the employee's public service employment.
(4) The Commission
may decide that-
(a) subregulation (3) does not apply to the employee; or
(b) subregulation (3) applies to the employee, but the employee does not forfeit all or particular rights and entitlements in relation to the employee's public service employment.
(5) This regulation does not
prevent the employee from being disciplined under these regulations for the
absence.
Employee to report legal proceedings
21. An employee who becomes subject to criminal
proceedings in the Fiji Islands or elsewhere for an offence that carries a
penalty
of imprisonment in the Fiji Islands must immediately and in writing
inform the chief executive of his or her Ministry or department.
Part 5-DISCIPLINE
Disciplinary action
22.-(1) If the Commission is satisfied that the employee
has breached the Public Service Code of Conduct, the Commission may-
(a) terminate the employee's employment;
(b) reduce the employee's grade;
(c) transfer or redeploy the employee to other duties;
(d) defer a merit increase in remuneration for the employee for a specified period;
(e) reduce the level of the employee's remuneration;
(f) impose a penalty of not more than $500; or
(g) reprimand the employee.
(2) In deciding whether an employee
has breached the Public Service Code of Conduct and if so what disciplinary
action should be taken
against the employee, the Commission must commonly with
the principles of natural justice.
(3) Without limiting subregulation
(2), the Commission must-
(a) allow the employee a reasonable opportunity to present information and to state his or her views about whether the employee has breached the Public Service Code of Conduct and, if so, what disciplinary action should be taken against him or her, and
(b) consider any information presented, and any views stated, by the employee.
(4) In this part, "employee"
includes a wage earner.
Suspension from duty
23.-(1) The Commission may suspend an employee from duty
if the Commission believes that-
(a) the employee has breached the Public Service Code of Conduct; and
(b) the proper management of the employee's Ministry or department may be prejudiced if the employee is not suspended.
(2) The Commission may cancel a
suspension at any time.
(3) An employee suspended from duty under
subregulation (1) is not entitled to remuneration for the period of
suspension.
(4) The Commission may decide that an employee who is
suspended from duty is entitled to all or part of the remuneration payable for
all or part of the period of suspension.
Part
6-ANNUAL REPORTS, CORPORATE PLANS AND
PERFORMANCE
IMPROVEMENT
PROGRAMS
Annual reports
24.-(1) This regulation applies to any report that the
chief executive of a Ministry or department is required, under any written
law,
to give to the Purchase Minister about the performance of the Ministry or
department for a particular year.
(2) A report referred to in
subregulation (l) must include in respect of the relevant year-
(a) an evaluation of the extent to which the Ministry or department has incorporated the Public Service Values;
(b) an evaluation of the adequacy of systems and procedures in the Ministry or department for ensuring compliance with the Public Service Code of Conduct;
(c) an evaluation of the handling of grievances in the Ministry or department during the year;
(d) details of initiatives in employment policies and practices in the Ministry or department during the year; and
(e) an analysis of trends in the size, structure and composition of the Ministry or department.
(3) Subregulation (2) does not
limit the matters that must or may be included in a report under subregulation
(1).
(4) This regulation is in addition to, and does not alter, any
reporting requirements under the Public Finance Management Act 1999.
Corporate plans
25.-(1) This regulation applies to any corporate plan that
a chief executive of a Ministry or a department is required, under any
written
law, to agree with the Ownership Minister.
(2) The corporate plan must
include details of human resources and employee relations strategies.
(3)
This regulation is in addition to, and does not alter, any reporting
requirements under the Public Finance Management Act 1999.
Performance improvement programs
26.-(1) The chief executive of each Ministry, and each
department, must establish a performance improvement program for his or her
Ministry or department.
(2) The performance improvement program
established under subregulation (1) should aim to foster a high performance
culture in the
Ministry or department by-
(a) improving communication between supervisor's and employees;
(b) providing employees with regular feedback about their performance;
(c) providing a good understanding of work responsibilities and results expected to be achieved;
(d) identifying employees' training and development needs and ways these can be met;
(e) providing a method for deciding merit pay; and
(f) establishing effective processes for managing poor performance.
(3)
The performance improvement program
should provide for-
(a) the development of performance expectations (which may be in the form of a performance agreement) and appropriate performance assessment criteria;
(b) review of performance between an employee and his or her supervisor; and
(c) a regular assessment cycle that provides for-
(i) review of an employee's overall performance during the cycle; and
(ii) consideration of an employee's training and development needs.
(4) Processes for managing
poor performance as mentioned in subregulaion (2)(f) should -
(a) be fair, streamlined and efficient;
(b) ensure that an employee is given a reasonable opportunity to improve;
(c) balance the needs of the Ministry or department and the employee;
(d) be consistent with any applicable laws about discrimination, record keeping and privacy;
(e) ensure that an employee is given full information about job requirement performance expectations, deficiencies in his or her performance and possible consequences.
Part 7-GRIEVANCES
General policy
27. Chief executives should achieve and maintain
Workplaces that encourage product and harmonious working environments and that
are
able to deal with employees' concerns quickly and fairly.
Procedures for grievances
28.-(1) A chief executive must put in place, in his or her
Ministry or department appropriate procedures for employees to seek review
of
action that they consider adverse affects their employment.
(2) The
procedures referred to in subregulation (l) must establish an appropriate
balance between the needs of the employee for fair
review, and the needs of the
Ministry or department in achieving results and managing performance.
(3)
If a Ministry includes a department-
(a) the head of department need not put in place procedures under this regular for the department if the Secretary of the Ministry has put in place procedures that cover the department;
(b) the procedures put in place by the Secretary of the Ministry under this regulation need not cover the department if the head of department has put place procedures for the department.
(4) In this regulation, action
includes refusal or failure to act.
Part 8-MISCELLANEOUS
Written directions
29. The contents of a written direction or instruction
issued under section 20 of the Act are deemed to have been communicated to
an
employee when the direction is published in a public service circular or failing
any such publication, when it has otherwise been
brought to the personal notice
of the employee.
Production of documents etc.
30.-(1) An employee must, if required by the Commission,
give the Commission any information or official document relevant to the
functions of the Commission which is in the employee's possession or
control.
(2) An employee must, if required by the Commission, attend
before the Commission to give information about anything relevant to the
functions of the Commission.
(3) In this regulation, employee includes a
wage earner.
Part 9- REPEALS AND TRANSITIONAL PROVISIONS
Repeals
31. The following Regulations are repealed-
(a) Public Service Commission (Constitution) Regulations 1990;
(b) Public Service Commission (Personal Grievance Procedure Regulations 1990;
(c) Public Service (Statutory) Regulations 1990.
Contract employment
32. A person who is employed on a contract by the
Commission immediately before the commencement of these Regulations continues to
be employed by the Commission under the contract.
Temporary employment
33. A person who is temporarily employed in a Ministry or
department immediately before the commencement of these regulations continues
to
be temporarily employed in the Ministry or department as if the person had bees
temporarily employed by the Commission under these
Regulations.
Transfers
34. Regulation 19 of the Public Service Commission
(Constitution) Regulations 1990 continues to apply to a person if an order was
made under that regulation for the transfer of the person.
Probation
35. Regulations 21 to 25 of the Public Service Commission
(Constitution) Regulations 1990 continue to apply to an officer first appointed
to the public service before the commencement of this regulation if the
officer's appointment had not been confirmed-or terminated
before the
commencement.
Retirement age
36. A decision made under regulation 28 of the Public
Service Commission (Constitution) Regulations 1990 to retain the services of
a
person continues to have effect after the commencement of this regulation as if
it were a decision made by the Commission under
regulation 14 (2) of these
Regulations.
Discipline
37. Part V of the Public Service Commission (Constitution)
Regulations 1990 continues to apply to a disciplinary offence (within the
meaning of those Regulations) committed before the commencement of these
Regulations.
Personal grievances
38. The Public Service (Personal Grievance Procedure)
Regulations 1990 continue to apply to a personal grievance (within the meaning
of those Regulations) submitted under those Regulations and not finally dealt
with before the commencement of these Regulations.
Modification and adaptation
39. The Commission may give directions modifying or
adapting any of the Regulations mentioned in regulation 31 by virtue of
regulations
34 to 38 continue to apply after the commencement of these
Regulations.
Made at Suva this
6th day of May 1999.
S.
WAQAIVAVALAGI
Chairman,
Public Service Commission
A.
JALE
Secretary,
Public Service Commission
________________________
PUBLIC
SERVICE ACT 1999
(ACT No. 8 OF
1999)
_______
PUBLIC SERVICE (APPEAL) REGULATIONS 1999
IN exercise of the powers conferred on it by section 15 of
the Public Service Act 1999, and with the agreement of the Prime Minister, the
Public Service Commission makes the following Regulations-
Part I-PRELIMINARY
Citation and commencement
1.-(1) These Regulations may be cited as the Public Service
(Appeal) Regulations 1999.
(2) These Regulations come into force on the
date of commencement of Part 5 of the Public Service Act 1999.
2. In
these Regulations-
"Chairperson" means the Chairperson of the Appeal Board appointed under section 24(2)of the Act;
"Secretary" means the Secretary of the Appeal Board;
"relevant service Commission" means the service Commission against whose decision an appeal is brought;
"respondent" in the case of an appeal in respect of a promotion or appointment, means the person against whose promotion or appointment the appeal has been lodged.
Part II - PROCEDURE
Appeals procedure
3. The Public Service Appeal Board meets at times or times
and in places as fixed by the Chairperson. The Chairperson must ensure
meetings
are so convened that appeals are heard expeditiously.
Record book
4.-(1) A record book must be kept in which of all
particulars proceedings of the Board are recorded.
(2) The record of the
proceedings of the Board must be confirmed no later than its next meeting, and
when confirmed must be signed
by the Chairperson.
(3) The record book
constitutes the written record of proceedings required by section 26(9)(b)of the
Act.
Lodging of appeal
5. An appeal by an employee under section 26(1) of the Act
must be sent to the Secretary in writing and must set out clearly and concisely
the grounds for the employee's dissatisfaction with the decision appealed
against. The Secretary must acknowledge receipt of the
appeal forthwith in
writing and must forward a copy of the appeal to the relevant service Commission
and to the respondent, if any.
Notice of hearing
6.-(1) If the Appeal Board is satisfied that
prima facie grounds for appeal exist,
and that the appeal is not frivolous or vexatious as mentioned in section 26(12)
of the Act, the Secretary
must as soon as practicable formally accept the appeal
and advise in writing the appellant, the relevant service Commission and the
respondent, if any, of the time and place fixed for the hearing.
(2) The
notice given to the appellant and respondent, if any, must be by registered post
and must give sufficient time to allow for
transmission of the notice of
acceptance and for the appellant and respondent, if any, to travel to the
hearing.
Appellant and respondent may give evidence
7. The Board may treat the appellant and respondent if
any, as witnesses in order to admit and receive evidence under the powers
conferred
upon it by section 26 of the Act.
Documentary evidence
8. In the case 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 must be first
supplied to, or made available to, the appellant
or the relevant service
Commission, as the case may be.
Affidavit evidence
9.-(1) Where the
evidence of a witness is required and his or her attendance is in the opinion of
the Chairperson impossible or possible
only inconveniently, the Chairperson may
authorise that an affidavit concerning the matter under appeal be sworn before a
Commissioner
of Oaths and submitted in evidence.
(2) Nothing in this
regulation prevents the Board subsequently summoning the witness to attend a
hearing.
Want of prosecution
10. If the appellant or his or her representative fails to
appear at the hearing at the appointed time the Board may dismiss the appeal
for
want of prosecution.
Decision on appeal
11.-(1) The Secretary must, as soon as possible after an
appeal has been considered, forward the decision of the Board with reasons
in
writing to all parties to the appeal.
(2) A decision of the Appeal Board
must be by a majori