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Vanuatu Sessional Legislation |
Commencement: 21 September 1998
REPUBLIC OF VANUATU
GOVERNMENT
REMUNERATION TRIBUNAL ACT
NO. 20 OF
1998
Arrangements of Sections
PART I -
PRELIMINARY
1. Purpose
2. Object
3. Interpretation
4. Application
PART
II - GOVERNMENT REMUNERATION TRIBUNAL
5. Establishment of
Government Remuneration Tribunal
6. Membership of Tribunal
7. Term of
Office
8. Extraordinary Vacancies
9. Meetings
10. Members and officers
to maintain secrecy
11. Remuneration and allowances
12. Staff of
Tribunal
PART III - FUNCTIONS,
RESPONSIBILITIES AND POWERS OF THE TRIBUNAL
13. Functions of the
Tribunal
14. Implementation of determinations of Tribunal
15. Release of
determinations
16. Criteria for Tribunal
17. Frequency of
adjustments
18. Determination of persons subject to this
Act
19. Submissions to Tribunal
20. Application of minimum remuneration
levels
21. Powers of Tribunal
22. Annual report
23. Appropriation
required for purposes of this Act
24. Act to prevail
25. Determinations of
Tribunal to prevail over contracts of service in case of
conflict
26. Consultation with
Tribunal
PART IV - OFFENCES,
PUNISHMENTS AND
RECOVERY
27. Offences
28. Punishment
29. Recovery of
overpayment
PART V -
MISCELLANEOUS
30. Savings and
validation
31. Commencement
-------------------------------------------------
REPUBLIC OF VANUATU
Assent:
25/08/98
Commencement: 21/09/98
GOVERNMENT
REMUNERATION TRIBUNAL ACT
NO. 20 OF
1998
An Act to provide for a government remuneration
tribunal.
BE IT ENACTED by the
President and Parliament as follows:
PART
I
PRELIMINARY
PURPOSE
1. The purpose of this Act is to establish a government remuneration tribunal which will consider and determine the remuneration payable to those persons employed by or appointed maximum to positions by, the Government or by an agency of Government.
OBJECT
2. The object of this Act is to adopt principles of consistency, economy of resources, and disciplines in determining the remuneration of those persons employed by, or appointed to positions by, the Government or by an agency of Government.
INTERPRETATION
3. In
this Act, unless the context otherwise requires:
"Determination" means a decision of the Tribunal fixing the maximum amount of remuneration payable to persons subject to this Act;
"Member" means a member of the Tribunal appointed under section 6;
"Minister" means the minister responsible for the Tribunal;
"Public sector" comprises those persons employed by Government who are not members of the public service and not a person or class of persons listed under paragraphs (i) to (vi) of sections 13(1)(a);
"Public Service" comprises those persons employed in the ministries, departments, State appointed offices, agencies and instruments of the Government of Vanuatu as are designated by the Prime Minister pursuant to an enactment;
"Tribunal" means the Government Remuneration tribunal established under section 5;
"Remuneration" means a reward for services and includes salaries, wages, allowances, fees, expenses and every other form of income or recompense whatsoever.
APPLICATION
4. This
Act shall bind the State.
PART
II
GOVERNMENT
REMUNERATION TRIBUNAL
ESTABLISHMENT OF
GOVERNMENT REMUNERATION TRIBUNAL
5. There is established a tribunal to be called the Government Remuneration Tribunal.
MEMBERSHIP
OF TRIBUNAL
6. (1) The Tribunal shall consist of 3 members to be appointed by the Minister as follows:
(a) one member nominated by the Prime Minister who will be the Chairperson;
(b) one member nominated by the Public Service Commission;
(c) one member nominated by the President of the Chamber of Commerce.
(2) The Tribunal may from time to time appoint one of the other members of the Tribunal to be the Deputy Chairperson.
(3) The member nominated by the Prime Minister must be a person who has a wide and detailed knowledge in employment issues, management and policy in the public sector.
(4) The member nominated by the Public Service Commission must be a person who has a wide and detailed knowledge in employment issues, management and policy in the public service.
(5) The member nominated by the President of the Chamber of Commerce must be a person who has a wide and detailed knowledge in employment issues, management and policy in the private sector.
TERM
OF OFFICE
7. (1) Except as otherwise provided in this Act, every member of the Tribunal will be appointed for a term of 3 years, but may from time to time be reappointed.
(2) Unless a member vacates his or her office under section 8, a member of the Tribunal will continue in office until his or her successor comes into office, notwithstanding that the term for which he or she was appointed may have expired.
(3) A member may be appointed to the Tribunal on a part time basis.
EXTRAORDINARY
VACANCIES
8. (1) A member of the Tribunal may only be removed from office by the President for disability, bankruptcy, neglect of duty, misconduct, or convicted of an offence involving moral turpitude.
(2) A member may resign at anytime by giving written notice to that effect to the Prime Minister.
(3) If a member dies, or resigns, or is removed from office, the vacancy created will be deemed to be an extraordinary vacancy.
(4) An extraordinary vacancy will be filled by the appointment of a member by the Minister in accordance with section 6(1).
(5) The person that would be entitled to nominate that member in accordance with section 6(1) will nominate the new member.
(6) The powers of the Tribunal will not be affected by one vacancy in its membership.
MEETINGS
9. (1) Meetings of the Tribunal will be held at such times and places as the Tribunal or its chairperson from time to time appoints.
(2) There will be a
quorum of 2.
(3) The chairperson will preside at every meeting at which he or she is present, and in his or her absence the Deputy Chairperson will preside.
(4) A decision of a majority of the members present shall be the decision of the Tribunal. The chairperson will have, in the event of an equality of votes, a casting vote.
(5) Subject to the provisions of this Act, the Tribunal may regulate its own procedure.
(6) No decision or determination of, or proceeding before, the Tribunal, will be questioned for want of form.
MEMBERS
AND OFFICERS TO MAINTAIN SECRECY
10. (1) A member or person engaged or employed in connection with the work of the Tribunal will maintain, except in the course of his or her duty, confidentiality in all matters which come to his or her knowledge when carrying out his or her functions or duties under this Act.
(2) Every person commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding VT100,000 or to both, who wilfully acts in contravention of subsection (1).
REMUNERATION
AND ALLOWANCES
11. There will be paid to the members of the Tribunal remuneration by way of fees, salary and/or allowances and expenses as may be fixed by the Minister from time to time on the advice of the Public Service Commission.
STAFF
OF TRIBUNAL
12. Subject to the budget allocated there shall be appointed under the Public Service Act 1998 such staff as are necessary to enable the Tribunal to exercise its functions and powers.
PART
III
FUNCTIONS,
RESPONSIBILITIES
AND
POWERS
OF THE TRIBUNAL
FUNCTIONS OF THE
TRIBUNAL
13. (1) The principal functions of the Tribunal
are:
(a) to review and determine the maximum remuneration payable to those persons, or classes of persons listed in subparagraphs (i) to (viii):
(i) those persons listed in Part One of the Official Salaries Act [CAP. 168];
(ii) those persons appointed as directors to boards by Government or a Government ministry, agency or instrument;
(iii) those persons appointed to the boards of statutory corporations and authorities;
(iv) those persons appointed as chief executive officers of local government councils;
(v) town clerks of municipal councils;
(vi) directors-general of ministries and directors of departments;
(vii) persons, or classes of persons employed in the public service;
(viii) persons or classes of persons employed in the public sector;
(b) to receive written submissions from the public, and to investigate public concerns in matters relating to the remuneration payable to those persons or classes of persons listed in subparagraphs (i) to (viii) of subsection (1)(a);
(c) to consider reports from the Public Service Commission or any interested person or organization concerning the appropriate level of remuneration payable to those persons or classes of persons listed in subparagraphs (i) to (viii) of subsection (1)(a);
(d) to receive submissions and hear or receive evidence regarding any investigation and to publish in the Gazette a notice f a person found to be in breach of the provisions of this Act, and where applicable to refer the breach to the Public Prosecutor;
(e) to make a determination that adjusts, either upwards or downwards, the remuneration of any person listed in subparagraphs (i) to (viii) of subsection (1)(a), so long as that adjustment does not decrease a persons remuneration where that person is being paid under the level already determined for that position or a like position, by the Tribunal;
(f) to carry out such other functions as may be conferred or imposed on it by this Act or any other enactment.
(2) In carrying out its functions under subsection (1)(a) the Tribunal may fix scales of remuneration and prescribe rules governing the application of scales of remuneration to be fixed.
(3) Except as otherwise provided in this Act, where the remuneration payable to a person is fixed under this Act, no amount in excess of the remuneration so fixed for the time being shall be paid or payable to that person.
IMPLEMENTATION
OF DETERMINATIONS OF TRIBUNAL
14. Every determination of the Tribunal fixing a rate or rates of remuneration shall have effect according to its tenor, and notwithstanding any provision in any other enactment, no order will be required to give effect to that determination.
RELEASE
OF DETERMINATIONS
15. (1) The Tribunal must publish within 21 days of making a determination, a notice in the Gazette of that determination and, where appropriate forward a copy of the determination to each person affected and to the entity that employs or remunerates that person.
(2) The Tribunal must deliver to the Minister copies of all determinations made by it.
(3) The Tribunal must publish within 21 days of it conducting a review under section 17 a notice in the Gazette stating the result of the review and where a determination is made as a consequence it, publish the determination in accordance with subsection (1).
CRITERIA
FOR TRIBUNAL
16. In determining any remunerations under section 12(1)(a) the Tribunal must have particular regard to the following criteria:
(a) the need to achieve and maintain relativity with the private sector;
(b) to ensure that the best persons are employed through a recruitment and retention of personnel policy that takes into account the special responsibilities and duties required of persons employed in Government.
(c) the adequacy of the current remuneration;
(d) the aim for consistency and uniformity in remuneration rates;
(e) the budget and resources available to Government for remunerations when making determinations.
FREQUENCY
OF ADJUSTMENTS
17. (1) The determinations required under section 13(1)(a) must be made within 12 months of the coming into force of this Act.
(2) The Tribunal may follow whatever order it chooses when making determinations required under section 13(1)(a).
(3) Every determination of the Tribunal will continue in force until the Tribunal under this section makes another determination.
(4) The Tribunal will conduct a general review of the determinations made by it at intervals of not less than 1 year and not more than 3 years.
(5) The Tribunal may conduct a review of a determination within 1 year of it being made where the Tribunal is satisfied in all the circumstances there are particular and special reasons that justify a period of less than 1 year.
DETERMINATION
OF PERSONS SUBJECT TO THIS ACT
18. The Tribunal will identify and determine those persons or classes of persons for whom the Tribunal is required to make determinations under this Act.
SUBMISSIONS
TO TRIBUNAL
19. (1) For the purposes of making a determination under section 13(1)(a) or conducting a review under section 17(4) any person or any organization with an interest in that determination or review is entitled to make written submissions and submit documents to the Tribunal.
APPLICATION
OF MINIMUM REMUNERATION LEVELS
20. Notwithstanding any other provisions of this Act the Tribunal must not make any determination under section 13(1)(a) that is less than the minimum rate of remuneration payable to all employees in Vanuatu as provided for in any other enactment.
POWERS
OF TRIBUNAL
21. (1) For the purposes of fulfilling any function or lawful duty conferred or imposed on it, the Tribunal:
(a) will have full access at all convenient times to government contracts, documents, books and accounts relating to the payment of remuneration to any person subject to this Act;
(b) may by notice in writing, signed by the chairperson, require any person having possession or control of any Government contract, document books and accounts relating to the payment of remuneration to any person subject to this Act, to deliver at a time and place specified in the notice, all or any Government contract, document, books and accounts;
(c) may cause extracts to be taken from any Government contact, document, books or accounts without payment of any fee;
(d) may summon any person to supply any information or answer any question on oath relating to the payment of remuneration to any person subject to this Act.
(2) No member of the Tribunal will have any civil liability for any act done in good faith pursuant to this Act.
ANNUAL
REPORT
22. (1) As soon as practicable after the end of each year ending the 31 day of January, the Tribunal must furnish to the Minister a report of its operations during that year.
(2) The Minister must lay a copy of the report before Parliament within the first 14 sitting days after he or she receives the report.
APPROPRIATION
REQUIRED FOR PURPOSES OF THIS ACT
23. (1) All expenditure payable or incurred under or in the administration of this Act will be payable out of money to be appropriated by Parliament for that purpose.
(2) The Tribunal must have regard to the budget allocated to it when employing staff and incurring administrative expenses.
ACT
TO PREVAIL
24. Subject to section 20, and notwithstanding any provisions of any other Act authorizing any person or body to fix any remuneration, as from the commencement of this Act, any remuneration over which the Tribunal has jurisdiction to determine under this Act will be fixed by the Tribunal.
DETERMINATIONS
OF TRIBUNAL TO PREVAIL OVER CONTRACTS OF SERVICE IN CASE OF CONFLICT
25. Every determination of the Tribunal shall prevail over any contract of service to the extent that where there is a conflict between the determination and the contract, the contract will thereafter be construed and have effect as if it had been modified, so far as is necessary, in order to conform to the determination.
CONSULTATION
WITH TRIBUNAL
26. Where any authority, organization or person representing either employers or employees considers that the remuneration determined by the Tribunal will or may lead to unreasonable disparities or inappropriate relativities with the remuneration determined by an employment authority that organization may consult with the Tribunal. Where this occurs the Tribunal must have regard to the views expressed and consider whether to adjust that determination (if already made) in accordance with section 17(5).
PART
IV
OFFENCES,
PUNISHMENTS AND RECOVERY
OFFENCES
27. (1) A person will not influence or attempt to influence the Tribunal or any member in respect of any matter within the functions, duties or power of the Tribunal.
(2) Nothing in this section will be so construed as to prohibit any person from giving information or advice or making representations in accordance with law.
(3) A person who knowingly pays or receives remuneration at a rate higher than that determined by the Tribunal commits an offence.
(4) Where applicable a person who commits an offence against this Act in addition commits an offence under the Leadership Code and may be dealt with under that Code.
PUNISHMENT
28. (1) A person who is convicted of an offence under section 27(1) and (3) is liable to a fine not exceeding VT1,000,000 or imprisonment for a term not exceeding 2 years.
(2) If the offence is a continuing one the offender is liable to a fine not exceeding VT1,000 for each day or part day the person remains in breach.
PART
V
MISCELLANEOUS
SAVINGS AND
VALIDATION
29. Notwithstanding any provision of this Act, the remuneration in respect of which the Tribunal may make determinations will, until amended or superseded by another determination of the Tribunal, continue to be payable at the rates applicable at the commencement of this Act.
COMMENCEMENT
30. This
Act commences on the date it is published in the Gazette.
----------------------------------------------
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