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State Law Office (Amendment) Act 2001

Assent: 30 December 2001
Commencement: 11 February 2002

REPUBLIC OF VANUATU

STATE LAW OFFICE (AMENDMENT) ACT

NO.9 OF 2001

Arrangement of Sections

1. Amendments
2. Commencement

REPUBLIC OF VANUATU

Assent: 30/12/2001
Commencement: 11/02/2002

STATE LAW OFFICE (AMENDMENT) ACT
NO.9 OF 2001

An Act to amend the State Law Office Act No. 4 of 1998

Be it enacted by the President and Parliament as follows-

1 Amendments

The State Law Office Act No. 4 of 1998 is amended as set out in the Schedule.

2 Commencement

This Act commences on the day on which it is published in the Gazette.

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Schedule

Amendments of the State Law Office Act No. 4 of 1998

1 Section 2

Insert in its correct alphabetical position

“Trust Fund means the State Law Office Trust Fund established by section 24A.”.

2 Paragraph 17(2)(c)

Repeal the paragraph, substitute

“(c) is approved by a committee consisting of a private legal practitioner appointed by the Attorney-General, and a representative from the State Law Office, the Public Solicitors Office and the Public Prosecutors Office.”.

3 After section 24

Insert

“24A State Law Office Trust Fund

(1) An account to be known as the State Law Office Trust Fund is established.

(2) There is to be paid into the Trust Fund:

(a) any amounts recovered by the Office for legal or professional costs, or disbursements, arising from proceedings in any court within or outside Vanuatu including for any cases settled out of court; and

(b) interest from the investment of moneys standing to the credit of the Trust Fund.

(3) Amounts standing to the credit of the Trust Fund are to be paid out of the Fund only for the purposes of the Office.

(4) Without limiting subsection (3), amounts may be used for all or any of the following:

(a) providing financial incentives to legal and support staff within the Office;

(b) training and development of legal and support staff within the Office;

(c) the purchase of equipment and furniture for the Office;

(d) additional legal and support staff for the Office;

(e) such other matters related to the functions of the Office that the Attorney-General authorises in writing.

(5) Money standing to the credit of the Trust Fund can be invested only with the National Bank of Vanuatu.

24B Accounts and auditing, and annual report

(1) The Office must keep proper accounting records in relation to the Trust Fund, and must cause annual statements of account to be prepared for the Trust Fund.

(2) The Trust Fund for each financial year must be audited within 3 months after the end of the financial year by the Auditor General or a person authorised by the Auditor General.

(3) Details of monies paid into and out of the Trust Fund must be included in the annual report for the Office.”.

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REPUBLIC OF VANUATU

BILL FOR THE

STATE LAW OFFICE (AMENDMENT) ACT NO. 9 OF 2001

Explanatory Note

The Bill amends the State Law Office Act No. 4 of 1998 to provide for the creation of a special trust fund. Any legal costs recovered by the Office are to be paid into the fund. The fund can be used only for the purposes of the State Law Office, including providing financial incentives to legal and non-legal staff, training and development, and the purchase of office equipment and furniture.

There is also special provision for the keeping of proper accounts in relation to the trust fund and for the auditing of the trust fund. Details of money paid into and out of the fund must be included in the annual report.

Paragraph 17(2)(c) of the State Law Office Act is repealed. The effect of this is that the Judicial Services Commission will no longer be involved in the permanent appointment of legal officers to the State Law Office. As a matter of legal policy, there is no reason for the Commission to be involved in the appointment of legal officers. Under Chapter 8 of the Constitution, the Judicial Services Commission's primary function relates to the judiciary. A new paragraph (c) provides for a committee consisting of a representative from the State Law Office, the Public Solicitors Office and the Pubic Prosecutors Office, and a private legal practitioner. The committee is responsible for approving appointments.

This Act commences on the day on which it is published in the Gazette.

Prime Minister