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Compensation Act 1994

Commencement: 17 October 1994

REPUBLIC OF VANUATU

COMPENSATION ACT
NO. 11 OF 1994

Arrangement of Sections

1. Minister’s authority to borrow
2. Purpose of the borrowing
3. Claims for compensation
4. Application
5. Establishment of Board
6. Powers and duties of the Compensation Board
7. Approval of Council of Ministers
8. Payments of compensation
9. Loan service charges
10. Chapter 149 not to apply
11. Regulations
12. Commencement

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REPUBLIC OF VANUATU

Assent: 27/09/94
Commencement: 17/10/94

COMPENSATION ACT
NO. 11 OF 1994

An Act to authorize the borrowing of a sum of money not exceeding 200,000,000 vatu for the purpose of enabling the government to assess and pay unsatisfied claims for compensation relating to injuries or loss of life, damage or loss of property suffered during the civil disturbances in 1980 and in certain other circumstances.

BE IT ENACTED by the President and Parliament as follows: -

MINISTER’S AUTHORITY TO BORROW

1. The Minister of Finance is hereby authorised to borrow from any bank or financial institution within or outside Vanuatu, a sum of money not exceeding 200,000,000 vatu on such terms and conditions as shall be agreed in writing between the Minister and any such bank or financial institution subject to the previous approval of the Council of Minister’s.

PURPOSE OF THE BORROWING

2. All moneys borrowed under section 1 shall be paid into a Compensation Fund and sums paid thereout shall be exclusively for the purpose of making ex-gratia payments in circumstances referred to in section 3 in accordance with the provisions of this Act.

CLAIMS FOR COMPENSATION

3. (1) Any person or the legal personal representatives of any person -

(a) who has injured or lost his life during the civil disturbances in 1980;

(b) whose property was damaged, requisitioned or acquired during the civil disturbances in 1980;

(c) who was injured or lost his life during the civil unrest in 1988;

(d) who was a member of the New Hebrides Defence Force;

(e) who has been unfairly imprisoned without an order of the Court;

(f) who is a former member of the National Council of Chiefs whose term of office ended on 16th December, 1992.

may, subject to the provisions of this Act, apply to be paid compensation from the Compensation Fund in respect of any of the matters referred to in paragraphs (a), (b), (c), (d), (e) and (f) of this subsection.

(2) For the purpose of this section -

"civil disturbances in 1980" means the events known as "the Santo Rebellion" and associated civil disturbances which occurred in other Islands during the period beginning with the month of November, 1979 and ending on 31st August, 1980;

"civil unrest in 1988" means the riot on the 16th day of May 1988.

APPLICATION

4. (1) Every application for compensation under section 3 shall be made in the form and manner prescribed by the Prime Minister.

(2) All applications shall be made prior to midnight on the 30th day of November, 1994 and no applications received after that date shall be considered.

ESTABLISHMENT OF BOARD

5. (1) There is hereby established a board to be called the Compensation Board comprising a chairman and 2 other members appointed by the Prime Minister.

(2) A member of the Compensation Board shall hold office for a period not exceeding 2 years.

POWERS AND DUTIES OF THE COMPENSATION BOARD

6. (1) The Compensation Board shall have jurisdiction to consider and subject to the approval of the Council of Ministers in accordance with section 7 determine all claims for compensation in respect of the matters specified in section 3 of this Act.

(2) In considering claims for compensation the Board shall act fairly and judicially, attempting insofar as possible to award similar sums for similar degrees of loss, pain or suffering in similar circumstances and to award lesser or greater sums according to the degree of loss, pain or suffering involved.

(3) The Compensation Board may make awards which expend the whole of the Compensation Fund in compensation payments but shall not be obliged to do so. Total compensation awards made by the Compensation Board must not exceed the amount of the Compensation Fund.

(4) The Compensation Board shall not make any awards in respect of any claim which does not fall within the provisions of section 3 of this Act.

(5) The Compensation Board shall not be bound by the rules of evidence of a court of law but shall assess all claims carefully, considering such evidence as is available and shall make no compensation award to any claimant who makes any false statement in respect of any claim.

(6) Save for the details listed in subsection (11) the Compensation Board shall not be required to give any reasons for any ward or any refusal to pay an award.

(7) The Compensation Board may require any claimant to provide further evidence or information in support of his claim or to appear before the Compensation Board to answer questions on any mater relating to the claim. No payment of compensation shall be made to any person who fails or refuses to respond to such a request.

(8) The Compensation Board shall not recommend any payment to any person who has previously received any compensation from whatsoever source in respect of any of the matters referred to in section 3 of this Act.

(9) The Compensation Board may meet to establish its approach to claims pursuant to subsection (2) prior to the closing date for the receipt of claims referred to in section 4(2) but shall not make any awards of compensation prior to that date.

(10) Unless the period is extended by the Prime Minister pursuant to the provisions of section 11(2)(e), the Compensation Board must complete its work no later than 31st December, 1994.

(11) The Compensation Board shall submit its report to the Minister of Finance within 7 days of the completion of its work stating the names and addresses of those persons to whom compensation is to be paid and the amount of compensation to be paid to them together with a brief statement of the loss, injury or suffering involved, the date of the loss and the subsection of section 3 of this Act under which the payment is made.

APPROVAL OF COUNCIL OF MINISTERS

7. (1) The Minister of Finance shall present the report of the Compensation Board to the Council of Ministers within fourteen (14) days of receiving the report.

(2) The Council of Ministers may approve, reject or amend the report or alter the amount of any payment recommended by it.

PAYMENTS OF COMPENSATION

8. (1) The Minister of Finance shall cause the payments of compensation to be made in accordance with the decision of the Council of Ministers within 30 days of the date of the decision of the Council of Ministers.

(2) Any balance of the Compensation Fund which has not been expended together with all interest earned thereon will thereafter be transferred to the Revenue Fund.

LOAN SERVICE CHARGES

9. The principal repayments, interest, establishment fees in respect of a loan borrowed under section 1 shall be a prior charge on the Revenue Fund and budgetary provision shall be made as necessary from time to time in respect of those loan service charges.

CHAPTER 149 NOT TO APPLY

10. The provisions of the Government Borrowing and Guarantee Act [CAP. 149] shall not apply to any moneys borrowed or applied in pursuance of the provisions of this Act.

REGULATIONS

11. (1) The Prime Minister may make regulations for the purpose of carrying out or giving effect to the provisions of this Act.

(2) In particular and without prejudice to the generality of subsection (1), the Prime Minister may make regulations for or in respect of all or any of the following matters -

(a) all matters stated or required by this act to be prescribed;

(b) the form of any notice, certificate or declaration issued or made under this Act;

(c) procedures regarding proceedings and sittings of the Compensation Board;

(d) fees to be paid to the members of the Compensation Board;

(e) the extension of the time for the Compensation Board to complete its work and report under subsections (10) and (11) of section 6.

COMMENCEMENT

12. This Act shall come into force on the date of its publication in the Gazette.

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