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Fiji Legislation |
Repealed by the Public Service Act 1999
LAWS OF FIJI
Ed. 1978
CHAPTER 74
PUBLIC SERVICE
ARRANGEMENT OF SECTIONS
SECTION
1.
Short title.
2. Interpretation of
terms and application.
3. Additional
powers of the Commission.
4. Powers of
Commission in respect of statutory
bodies.
5. Functions of the Commission
in respect of the Public Service.
6.
Annual reports.
7. Delegation of
powers and functions.
8. Power to
summon witnesses, etc.
9. Functions of
Permanent Secretary.
10.
Transfers.
11. Committee to advise on
remuneration for certain offices.
12.
Disciplinary offences.
13.
Establishment of Public Service Appeal
Board.
14. Rights of appeal by
officers appointed by the
Commission.
15. Offence to attempt to
influence Appeal Board.
16.
Regulations.
17. General orders and
saving.
18.
Instructions.
19. Offence to attempt
to influence Commission.
------------------------------------------------
CHAPTER
74
PUBLIC
SERVICE
Acts Nos. 4 of 1974, 9 of 1975
AN ACT TO CONFER POWERS AND FUNCTIONS ON THE PUBLIC SERVICE COMMISSION IN ADDITION TO THOSE CONFERRED UPON THE COMMISSION BY THE CONSTITUTION AND TO PROVIDE FOR APPEALS FROM THE DECISIONS OF THE PUBLIC SERVICE COMMISSION
[15th March, 1974]
Short title
1. This Act may be cited
as the Public Service Act.
Interpretation of terms and application
2.-(1) In this Act, unless
the context otherwise requires-
"Appeal Board" means the Public Service Appeal Board established under section 13;
"Association" means the staff associations registered pursuant to the Trade Unions Act and recognised by the Commission for the purposes of negotiating with it on behalf of any employee;
"Commission" means the Public Service Commission as constituted under section 104 of the Constitution;
"Commissioner" means a member of the Commission;
"Department" means a Ministry of the Government or a Department within such a Ministry;
"employee" means a person employed in the Public Service;
"officer" means a person holding or acting in any public office as defined in the Constitution but does not include a wage earner;
"other service commissions" means the Judicial and Legal Services Commission constituted under section 101 of the Constitution and the Police Service Commission constituted under section 106 of the Constitution;
"Permanent Secretary" means the officer responsible to a Minister for the supervision of a Department or a group of Departments within a Ministry;
"Public Service" means the service of the Crown, in any capacity in respect of the Government of Fiji other than in a military capacity;
"statutory body" means any statutory body, other than a Department, created by any written law and responsible to a Minister;
"wage earner" means a person employed by reference to any rate of remuneration or payment other than an annual one.
(2)
All the powers vested in the Commission under this Act shall be in addition to
the powers vested in the Commission under the Constitution
and shall not be in
derogation or variation of any of those
powers.
(3) For the avoidance of
doubt, it is hereby declared that in the event of any powers vested in the
Commission under, or otherwise
arising out of or in consequence of, this Act
being in conflict with any of the powers vested in the Commission or in the
other service
commissions under or by virtue of the Constitution the powers so
vested under or by virtue of the Constitution shall prevail and
shall remain in
full force and effect.
Additional powers of the Commission
3. The Commission shall,
subject to the directions of the Minister, have the powers necessary to perform
the functions and carry out
the duties described in this Act in addition to the
functions and duties vested in it under its powers under the Constitution and
any other written law.
Powers of Commission in respect of statutory bodies
4.-(1) The Commission
shall, when directed by the Minister at the request of a Minister responsible
for any statutory body, associate
itself with the head of that statutory body in
the investigation of its organisation, methods, or
procedures:
Provided that, when
reporting to the Minister, the Commission shall ensure that a copy of its report
is sent to the Minister responsible
for the statutory body so
investigated.
(2) The Commission
shall, when directed by the Minister at the request of a Minister responsible
for any statutory body-
(a) provide or cause to be provided to that statutory body, management consultation services including advice as to efficient work and control methods and techniques, data processing equipment, and problems of organisation; and
(b) furnish or cause to be furnished advice on and assist with the training of the staff of that statutory body.
Functions of the Commission in respect of the Public Service
5.-(1) The Commission
shall, in respect of the Public Service, be responsible for-
(a) reviewing the machinery of government, including the desirability of or need for the creation of new Departments and the amalgamation or abolition of existing Departments, the co-ordination of the activities of Departments and, subject to the provisions of any other written law, the extent and nature of the controls exercised over the operations of a Department;
(b) reviewing the efficiency and economy of the Public Service, including the discharge by Permanent Secretaries of the responsibilities placed on them by this Act or by any other written law;
(c) the provision of suitable office accommodation and the prescription and supervision of the physical working conditions of all employees in the Public Service;
(d) approving and reviewing establishments and the grading of posts;
(e) acting as the central personnel authority for the Public Service;
(f) prescribing training programmes for and assisting with the training of employees;
(g) providing or causing to be provided management consultation services, including advice as to efficient work and control methods and techniques, data processing equipment, and problems of organisation.
(2)
The Commission is empowered at all times in respect of the Public Service to
carry out such inspections and investigations, and
is entitled to receive such
reports, as it considers necessary to advise any Permanent Secretary or to
report to the Minister regarding
the matters dealt with in this section or on
such other matters as the Minister may direct.
Annual reports
6.-(1) The Commission
shall as soon as is practicable after the thirtieth day of June in each year
furnish to the Minister a report
on the state of the efficiency and economy of
the Public Service, and on the operations of the Commission under this Act for
the
year ending with that
date.
(2) A copy of the report
shall be laid before the House of Representatives within thirty days after the
date on which it is furnished
to the Minister if the House is then sitting but,
if the House is not sitting at the end of such thirty days and the report has
not
already been laid before the House by the end of such period, it shall be
laid before the House during its next meeting.
Delegation of powers and functions
7.-(1) The Commission may
from time to time, either generally or particularly, delegate any of its powers
and functions under this
Act to a Commissioner or to any
officer.
(2) In any case where the
Commission has, pursuant to subsection (1), delegated any of its powers to a
Commissioner or any officer,
that Commissioner or officer may, with the prior
approval in writing of the Commission, delegate such of those powers to any
other
officer.
(3) Subject to any
general or special directions given by the Commission, the Commissioner or
officer to whom any powers or functions
are so delegated may exercise those
powers or functions in the same manner and with the same effect as if they had
been conferred
on him directly by this Act and not by
delegation.
(4) Every Commissioner
and every other person purporting to act pursuant to any delegation under this
section, shall, in the absence
of proof to the contrary, be presumed to be
acting in accordance with the terms of the
delegation.
(5) Any delegation
under this section may be made to a specified person or to persons of a
specified class, or to the holder or holders
for the time being of a specified
office or of specified classes of
offices.
(6) Every such delegation
shall be revocable in writing at will and no delegation shall prevent the
exercise of any power or function
by the Commission or by the person otherwise
delegating the power or
function.
(7) Any such delegation
shall, until it is revoked, continue in force according to its tenor,
notwithstanding any changes in the membership
of the
Commission.
(8) Any investigation
or inquiry which the Commission is empowered to conduct under this Act may be
conducted by the Commission acting
in its own right or by a Commissioner or any
officer or any other person specially or generally appointed by the Commission
to conduct
the investigation or inquiry and to report thereon to the Commission
and for the purposes of any such investigation or inquiry the
powers and
authority conferred on the Commission by section 8 shall attach to and may be
exercised by any officer or other person
so appointed and the provisions of the
Commissions of Inquiry Act referred to in section 8 shall in like manner apply
in relation to the exercise of such powers and
authority.
(Cap.
47.)
Power to summon witnesses, etc.
8. For the purposes of
carrying out the powers, duties and functions imposed on it by this Act, the
Commission shall have the same
powers and authority to summon witnesses and to
admit and receive evidence as are conferred upon the commissioners of a
Commission
of Inquiry by section 9 of the Commissions of Inquiry Act and the
provisions of sections 14 and 17 of that Act shall apply mutatis mutandis in
relation to the powers and authority vested
in the Commission under this
section.
(Cap.
47.)
Functions of Permanent Secretary
9. In addition to any
other functions and duties imposed upon him by any other written law, a
Permanent Secretary shall be responsible
to the Minister for the time being in
charge of that Permanent Secretary's Department or group of Departments for the
efficient and
economical administration thereof.
Transfers
10. The Commission may
transfer any employee from one office or position to another office or position
in the Public Service, whether
or not the transfer involves a change of
location.
Committee to advise on remuneration for certain offices
11.-(1) Notwithstanding
any of the provisions of this Act, the Minister may from time to time and on
such terms as he shall direct,
appoint a committee to advise and to make
recommendations to him on the remuneration for the offices or positions as
specified in
the
Schedule:
Provided that the House
of Representatives may from time to time by resolution add to, delete or amend
the offices or positions specified
in the
Schedule.
(2) The committee to be
appointed under this section shall consist of a chairman and two other members
to be appointed by the
Minister.
(3) The committee shall
in the discharge of its duties and functions be entirely independent of the
Commission but shall give due
regard to any advice or recommendations given or
made to it by both the Commission and any body or person as the committee shall
deem appropriate.
(4) The
committee may be appointed either as a standing committee for a period not
exceeding three years at a time or from time to
time on an ad hoc basis but the
members of the committee shall in either case be eligible for re-appointment at
any time.
(5) Members of the
committee may be paid such fees, allowances and expenses as the Minister may,
from time to time, direct.
(6)
Subject to any directions that may be given to it from time to time by the
Minister, a committee shall regulate its own procedures.
Disciplinary offences
12. Every employee commits
a disciplinary offence for the purposes of disciplinary proceedings
who-
(a) by any wilful act or omission fails to comply with the requirements of this Act or of any regulation thereunder or of any official instruction given under the authority of the Commission or of the Permanent Secretary of the Department in which the employee is employed;
(b) in the course of his duties disobeys, disregards, or makes wilful default in carrying out any lawful order or instructions given by any person having authority to give the order or instruction, or by word or conduct displays insubordination;
(c) is negligent, careless, indolent, inefficient, or incompetent in the discharge of his duties;
(d) behaves in a manner calculated to cause unreasonable distress to other employees or to affect adversely the performance of their duties;
(e) uses intoxicating liquors or drugs to excess or in such manner as to affect adversely the performance of his duties;
(f) improperly uses or removes property or stores for the time being in his official custody or under his control, or fails to take reasonable care of any such property or stores;
(g) otherwise than in the proper discharge of his duties directly or indirectly discloses or for private purposes uses any information acquired by him either in the course of his duties or in his capacity as an employee;
(h) absents himself from his office or from his official duties during hours of duty without leave or valid excuse or is habitually irregular in the time of his arrival or departure from his place of employment;
(i) is guilty of any improper conduct in his official capacity, or of any other improper conduct which is likely to affect adversely the performance of his duties or is likely to bring the Public Service into disrepute;
(j) is guilty of any other offence prescribed from time to time by regulations made under this Act.
Establishment of Public Service Appeal Board
13.-(1) There is hereby
established an Appeal Board to be called the Public Service Appeal
Board.
(2) The Appeal Board shall
consist of the following members:-
(a) an officer who shall be the chairman of the Appeal Board;
(b) an officer to be appointed as the official member on the nomination of the Commission;
(c) two officers to be appointed as service members on the nomination of the Association:
Provided
that-
(i) two officers employed in the same Department shall not be appointed to serve as service members at the same time; and
(ii) if the Association fails to nominate any service member, the Minister shall nominate him.
(3)
Subject to subsection (2), the members of the Appeal Board shall be appointed by
the Minister, and shall hold office for a term
not exceeding three years, but
any such member may from time to time be
re-appointed:
Provided that the
Minister shall not appoint the chairman without consulting the Commission and
the Association prior to the proposed
appointment.
(4) Notwithstanding
the provisions of subsection (3) every member of the Appeal Board shall continue
to hold office until his successor
is
appointed.
(5) The two service
members shall not be entitled to sit as members of the Appeal Board at the same
time, and shall mutually agree
as to which of them shall act as a member of the
Appeal Board at any particular appeal. In default of agreement in any case, the
chairman shall determine by lot the person so to act in that
case.
(6) No member shall act on
the Appeal Board in any appeal affecting an officer of the Department in which
the member is an officer,
or in any appeal affecting
himself.
(7) If any member of the
Appeal Board dies, or by notice in writing addressed to the Commission resigns
his office, or refuses or
neglects without sufficient cause to attend any duly
appointed meeting of the Appeal Board or (being a service member) becomes
employed
in the Department in which the other service member is already
employed, then and in any such case his seat shall become vacant,
and the
vacancy so created shall be filled in the manner in which the appointment to the
vacant office was originally
made.
(8) In the event of both
service members of the Appeal Board being absent or unable for any reason to
attend any duly appointed meeting
of the Appeal Board or to act thereon for the
hearing of any particular appeal, an officer, to be nominated by the Association
or
in the absence or failure of such nomination by the Association to be
nominated by the Minister, shall act in place of the service
members of the
Appeal Board at the meeting or at the hearing of the appeal, as the case may be,
and that officer shall for the purposes
of this Act be deemed to be a duly
appointed service member of the Appeal Board for the purposes of the meeting or
of the hearing
of the appeal.
(9)
Notwithstanding anything in the foregoing provisions of this section, the Appeal
Board, if in its opinion any appeal involves
consideration of matters of a
professional, technical, or specialised nature, may, with the consent of the
parties to the appeal,
appoint any person who in its opinion has expert
knowledge of those matters to be an assessor for the purposes of the appeal; and
the assessor shall sit with the Board and in all respects act as an extra member
thereof for the hearing and determination of the
appeal, except that the
assessor shall have no vote in the determination of the
appeal.
(10) The Appeal Board may
state a case for the opinion of the Supreme Court on any question as to the
jurisdiction of the Appeal Board
or on any question of law arising in
proceedings before it.
Rights of appeal by officers appointed by the Commission
14.-(1) Subject to the
provisions of subsection (2), every officer, other than an officer on probation,
appointed by the Commission
shall have a right of appeal to the Appeal Board in
accordance with this section against-
(a) the promotion of any officer, or the appointment of any person who is not an officer, to any position in the Public Service for which the appellant had applied, if (in either case) the appointment of the appellant to that position would have involved his own promotion:
Provided that-
(i) an appeal under this section must be confined to the merits of the appellant for promotion to the position, and must not extend to those of any other person for promotion or appointment to the position; and
(ii) any such appeal shall be deemed to have lapsed if, before the appeal is determined, the appellant resigns, retires or his employment in the Public Service is lawfully terminated in any other manner or the promotion or appointment that is the subject of the appeal is cancelled, or if the officer promoted or the person appointed dies, or vacates or renounces or becomes incapable of taking up the position;
(b) any punishment imposed by the Commission on an officer by virtue of its powers under the Constitution for an offence set out in section 12: Provided that there shall be no right of appeal against the punishment or dismissal of an officer for his refusal to comply with or obey any instruction or order transferring him from one location to another within Fiji if that officer has already had an appeal against the instruction or order transferring him made under the provisions of paragraph (c) dismissed;
(c) any decision of the Commission to transfer the officer from one locality to another within Fiji:
Provided that an appeal under this paragraph shall only lie against a second or subsequent transfer during any separate tour of three years and only when such second or subsequent transfer during such a tour results in extraordinary personal hardship;
(d) any other matter or decision in respect of which a right of appeal is expressly conferred by regulations made under this Act or by any other written law.
(2)
Notwithstanding anything in subsection (1), no appeal by any officer shall lie
against the promotion of any officer or the appointment
of any person to any
office or position specified in orders made by the Minister, howsoever that
office or position is for the time
being designated. For the purposes of this
subsection, a certificate by a Commissioner as to any change in the designation
of any
office or position specified in any order shall be conclusive evidence of
the facts stated in the certificate regarding that
change.
(3) Notice of appeal under
subsection (1), setting out the grounds of the appeal, shall be forwarded to the
Secretary of the Appeal
Board in writing by registered post within twenty-one
days after the date on which the decision has either been published or been
notified to the officer concerned, as the case' may be, or within such extended
time as the Appeal Board may in any case allow after
good and sufficient reason
has been shown in writing by the
appellant.
(4) For the purposes of
carrying out the powers, duties and functions imposed on it by this Act, the
Appeal Board shall have the same
powers and authority to summon witnesses and to
admit and receive evidence as are conferred upon the commissioners of a
Commission
of Inquiry by section 9 of the Commissions of Inquiry Act and the
provisions of sections 14 and 17 of that Act shall apply mutatis mutandis in
relation to the powers and authority vested
in the Appeal Board under this
subsection. (Cap.
47.)
(5) The Appeal Board may
allow or disallow any appeal and the Commission shall implement the decision of
the Appeal Board. Where an
appeal made under the provisions of paragraph
(a)
of subsection (1) is allowed by the Appeal Board, the commission shall forthwith
appoint the successful appellant to the
position.
(Amended
by 9 of 1975)
(6) In any appeal
the onus of proof shall rest with the
appellant.
(7) The proceedings of
the Appeal Board shall not be open to the public: Provided that any person
authorised by the Board may attend
any hearing or part of a
hearing.
(8) (a) At the hearing of any appeal the appellant shall be entitled to be present and may be represented or assisted by a barrister and solicitor or any officer.
(b) At the hearing of the appeal, the officer against whose promotion or appointment the appeal has been lodged shall be entitled to be heard by the Board in such a manner as the Board thinks fit as if he were a respondent in the appeal and such officer may also be represented or assisted by a barrister and solicitor or by another officer.
(Inserted by 9 of 1975)
(9)
Appeals affecting more than one appellant shall not be heard together, unless
the Appeal Board so directs.
(10)
In matters not expressly provided for in this Act or in any regulations made
under this Act, the procedure of the Appeal Board
shall be such as the Appeal
Board may determine.
(11)
Proceedings before the Appeal Board shall not be held bad for want of form. No
appeal shall lie from any decision of the Appeal
Board, and, except on the
ground of lack of jurisdiction other than for want of form, no proceedings or
decision of the Appeal Board
shall be liable to be challenged, reviewed,
quashed, or called in question in any
Court.
(12) An appellant shall be
required at the same time as he forwards his notice of appeal to the Secretary
of the Appeal Board in accordance
with the provisions of subsection (3), to
deposit such fee as the Commission may by regulation from time to time prescribe
with the
Commission which fee shall be refunded if the appeal is allowed but
shall otherwise be forfeited.
(13)
Notwithstanding anything to the contrary in this Act or in any other written law
the Appeal Board may either before the hearing
or at any time during the hearing
of an appeal summarily dismiss or disallow the appeal without hearing it or
without hearing it
any further, as the case may be, on the grounds that the
appeal is frivolous or vexatious or one that should not otherwise have been
brought or made.
Offence to attempt to influence Appeal Board
15.-(1) Except as provided
in subsection (3), no person shall in anyway attempt to influence the Appeal
Board or any member of the
Appeal Board in respect of any
appeal.
(2) Any person who acts in
contravention of the provisions of this section commits an offence, and is
liable on conviction to a fine
not exceeding
$500.
(3) Nothing in this section
shall be so construed as to prohibit any person from giving information or
making representations in respect
of any appeal at the request or invitation of
the Commission or the Appeal Board, or as a witness or as an appellant or the
representative
of an appellant at a hearing before the Appeal
Board.
Regulations
16.-(1) The Commission may
make regulations generally for the purpose of carrying out its functions under
this Act and its powers,
duties and functions under any other written law and
for the efficient management, control and working of the Public
Service.
(2) Different regulations
may be made in respect of different classes of
employees.
(3) Without prejudice
to the generality of subsections (1) and (2) the Commission may in particular
make regulations with respect
to any of the following matters:-
(a) the promotion of efficiency and economy in the Public Service;
(b) for prescribing standards of and conditions relating to office accommodation and the physical working conditions of employees;
(c) for facilitating the classification and grading of employees;
(d) generally for prescribing the terms and conditions of service and employment of employees;
(e) generally with regard to matters arising out of or in the course of the employment of employees;
(f) generally for prescribing the terms and conditions which may be imposed in or in respect of any contracts or arrangements relating to the Public Service entered between the Government on the one hand and its employees or any other person on the other hand;
(g) generally for prescribing fees, allowances and expenses that may be paid to any person for carrying out any functions or duties prescribed or provided for by this Act;
(h) for prescribing further disciplinary offences for the purposes of disciplinary proceedings against employees;
(i) generally for prescribing the responsibilities and duties of all employees;
(j) generally for providing and facilitating the training of and examinations for employees;
(k) for prescribing further matters or decisions in respect of which a right of appeal shall lie to the Appeal Board; and
(l) for prescribing the fees to be deposited with the Commission under subsection (12) of section 14.
General orders and saving
17.-(1) The Commission
may, in addition to making regulations under section 16, from time to time make
general orders covering every
aspect of the work and privileges of employees for
their guidance, assistance and
conduct.
(2) Different general
orders may be made for and in respect of different classes of
employees.
(3) It shall not be
necessary for general orders made under this section, which shall be for the
internal use, guidance, assistance
and general conduct of employees, and which
shall form part of the conditions of service of employees, to be published in
the Gazette.
(4) Whenever there is
any conflict between the provisions of any general order made under this section
and any regulations made under
section 16, or any provisions of this Act, the
Constitution or any other written law, the said regulations or said provisions
shall
prevail.
(5) For the
avoidance of doubt, it is hereby declared that the General Orders for the Civil
Service of Fiji in existence at the commencement
of this Act shall be deemed to
have been made under this section and shall remain as general orders made under
this section until
amended, superseded or revoked.
Instructions
18. Subject to this Act
and any regulations made or continuing in force under this Act, and without
restricting the powers of the
Commission, it is hereby declared that the
Commission may from time to time issue instructions which shall be observed by
all employees.
Offence to attempt to influence Commission
19. Except as provided in
subsections (3) and (4), every person shall' commit an offence who directly or
indirectly solicits or endeavours
to influence the Commission or any
Commissioner (or any officer to whom any of the powers or functions of the
Commission have been
delegated under section 7) with respect to its or their
decisions.
(2) Every person who
commits an offence against this section is liable on conviction to a fine not
exceeding $500.
(3) Nothing in
this section shall apply to any person giving information or advice or making
representations to the Commission in
respect of any matter whatsoever at the
request or invitation of the Commission or in compliance with regulations made
by or procedures
established by the
Commission.
(4) Nothing in this
section shall be construed so as to prevent any organisation, being an
organisation representing employees of
the Public Service or any class or
classes thereof, from making representation to the Commission on any matter
affecting the salaries,
wages, or conditions of employment of any employee or
class of employees.
____________________
SCHEDULE
(Section
11)
1. All offices or posts in
respect of which the maximum salary exceeds such amount as the Minister may by
order from time to time
prescribe.
(Substituted by 13 of
1977 s. 23.)
2. Such offices or
positions in any statutory body as the Minister may by order from time to time
prescribe.
Controlled by Office of the Prime Minister
------------------------------
Cap 74 Rev.
1985
Subsidiary Legislation Public
Service S-1
CHAPTER
74
PUBLIC
SERVICE
SECTION 14-ORDERS LIMITING APPEALS AGAINST PROMOTIONS AND APPOINTMENTS
(Orders made by the Prime Minister)
Order
8th March
1974
(Legal Notice
No. 50 of 1974)
The Prime Minister has
ordered that no appeal shall lie against the promotion of any officer, or the
appointment of any person, to
any of the following offices or
positions:-
The Secretary to the Cabinet;
Any office to which section 103 of the Constitution applies;
The Auditor-General;
An agricultural tribunal;
Any Permanent Secretary or any other supervising officer within the meaning of section 82 of the Constitution;
The Ombudsman;
Any office on the personal staff of the Governor-General;
The Clerk to the House of Representatives or any office on his staff;
The Clerk to the Senate or any office on his staff;
Order
24th February
1976
(Legal Notice
No. 31 of 1976)
The following offices in
the Department of Foreign Affairs:
Under Secretary;
Counsellor;
Principal Assistant Secretary;
First Secretary.
Order
30th October
1980
(Legal Notice
No. 182 of 1980)
The Secretary of the Public Service Commission.
Order
12th April
1985
(Legal Notice
No. 28 of 1985)
The offices which fall
within the following salary ranges:-
Upper Salary Range 1
Upper Salary Range 2
Upper Salary Range 3
Upper Salary Range 4
Graduate Trainee.
-----------------------------------------
Order
13th September
1985
(Legal Notice
No. 68 of 1985)
Cap 74 Rev.
1985
S-2 Public Service Subsidiary
Legislation
SECTION
16-PUBLIC SERVICE COMMISSION (STATUTORY)
REGULATIONS
TABLE
OF PROVISIONS
PART I-PRELIMINARY
REGULATION
1.
Short title
2.
Interpretation
PART II-ORDERS AND INSTRUCTIONS
3. General
Instructions
PART III-APPEALS
4. Appeals
procedure
5.
Minutes
6. Lodging of
appeal
7. Notice of
hearing
8. Appeal out of
time
9. Appellant may give
evidence
10. Documentary
evidence
11. Want of
prosecution
12. Evidence on
affidavit
13. Decision to be forwarded
to both parties
PART IV-CLASSIFICATION, GRADING AND SALARIES
14. Occupational classes
and salary scales
15. Classification,
grading, and salaries of officers
16.
Continuous review of classification and grading by
levels
17. Review of
grading
18. Classification and Grading
Committees
19. Application for
re-grading upheld
20. Salary
increments
PART V-FEES AND EXPENSES
21. Deposit on
appeal
22. Expenses of
witnesses
23. Expenses of
officers
--------------------------------
Regulations*
8th March,
1974,
22nd
December, 1975
*
See Legal Notice Nos. 48 of 1974 and 5 of 1976.
PART I-PRELIMINARY
Short title
1. These Regulations may
be cited as the Public Service Commission (Statutory)
Regulations.
Interpretation
2. In these Regulations,
unless the context otherwise requires-
"Chairman of the Board" means the Chairman of the Public Service Appeal Board;
"General Orders" means the General Orders for the Public Service of Fiji as from time to time amended;
"Secretary" means the Secretary of the Public Service Appeal Board.
(Amended
by Regulations 22nd December
1975*)
* See Legal
Notice No. 5 of 1976.
PART II -ORDERS AND INSTRUCTIONS
General instructions
3. The provisions of a
general instruction issued under section 18 of the Act shall be deemed to have
been communicated to an officer
when the instruction has been published in the
Public Service Official Circular or in General Orders made and issued by the
Commission
or, failing any such publication, when it has otherwise been brought
to his personal notice.
PART III-APPEALS
Appeals procedure
4. The Public Service
Appeal Board shall meet at such time or times and in such place or places as may
be fixed by the Chairman of
the Board. The Chairman shall ensure meetings are so
convened that appeals are heard expeditiously.
Minutes
5.-(1) A minute book shall
be kept in which such particulars as the Board may consider appropriate shall be
recorded.
(2) The minutes of the
proceedings of the Board shall be confirmed no later than its next meeting, and
when confirmed shall be signed
by the Chairman.
Lodging of appeal
6.-(1) An appeal by an
officer under the provisions of section 14 of the Act shall be forwarded to the
Secretary in duplicate and
shall set out clearly and concisely the grounds for
his dissatisfaction with the decision appealed against. The Secretary shall
acknowledge
receipt of the appeal forthwith in writing and shall forward one
copy of the appeal to the
Commission.
(2) In any case in
which the Secretary is not satisfied that an appeal lies he shall refer the
submission to the Board for its
decision.
(Amended
by Regulations 22nd December
1975*)
* See Legal
Notice No. 5 of 1976.
Notice of hearing
7. As soon as practicable
after being satisfied that prima facie grounds for appeal exist, the Secretary
shall formally accept the
appeal and advise the appellant and the Commission in
writing of the time and place fixed for its hearing. The notice given to the
appellant shall be by registered post and shall give sufficient time to allow
for transmission of the notice of acceptance and for
the appellant to travel to
the
hearing.
(Amended
by Regulations 22nd December
1975*)
* See Legal
Notice No. 5 of 1976.
Appeal out of time
8. In any case in which an
appeal is lodged out of time the Board shall determine whether good and
sufficient reason has been adduced
for its acceptance and the Secretary shall
formally convey that
decision.
(Amended
by Regulations 22nd December
1975*)
* See Legal
Notice No. 5 of 1976.
Appellant may give evidence
9. The Board may treat the
appellant as a witness in order to admit and receive evidence under the powers
conferred upon it by subsection
(4) of section 14 of the Act.
Documentary evidence
10. In the matter of an
appeal against a penalty imposed for a disciplinary offence any documentary
evidence to be considered by the
Board which is additional to that produced at
the disciplinary inquiry shall in like manner to the provisions of paragraph (3)
of
regulation 28 of the Public Service Commission (Constitution) Regulations be
first supplied to, or made available to, the appellant.
Want of prosecution
11. If the appellant or
his representative fails to appear at the hearing at the appointed time the
Board may dismiss the appeal for
want of prosecution.
Evidence on affidavit
12.-(1) Where the evidence
of a witness is required and his attendance in the opinion of the Chairman of
the Board is impossible or
possible only most inconveniently, the Chairman may
authorise that an affidavit concerning the matter of appeal be sworn before a
Commissioner for Oaths and submitted in
evidence.
(2) Nothing in this
regulation shall prevent the Board subsequently summoning the witness to attend
a hearing.
Decision to be forwarded to both parties
13. The Secretary shall,
forthwith after any appeal has been considered, forward the decision of the
Board in writing to both parties
to the
appeal.
(Amended
by Regulations 22nd December
1975*)
*See Legal
Notice No. 5 of 1976.
PART IV-CLASSIFICATION, GRADING AND SALARIES
Occupational classes and salary scales
14.-(1) The permanent
staff of the Public Service shall consist of officers but shall not include
officers on probation.
(2) The
Commission shall determine occupational classes according to the nature of the
duties required to be performed by the permanent
staff:
Provided
that-
(a) the Commission may determine such miscellaneous occupational classes otherwise than according to the nature of the duties as may be necessary to enable it to classify officers where so few are engaged in any occupation that the prescription of an occupational class according to the nature of their duties would not in the view of the Commission be warranted; and
(b) to facilitate the administration of this regulation occupational classes may be grouped together in any related field.
(3)
No person shall be eligible for appointment to any occupational class determined
in accordance with the provisions of paragraph
(2) unless he has such minimum
educational or other qualifications as are appropriate to the duties normally
performed by members
of that class unless in any particular case the Commission
shall otherwise decide.
(4) The
Commission shall subdivide each occupational class into levels according to its
assessment of the relative degrees of responsibility
and skill which are or may
be required to be exercised by officers of the occupational class, and shall
determine a salary rate and
a maximum salary rate and annual incremental steps
for each level.
(5) The Commission
shall exercise its power to determine occupational classes in accordance with
paragraphs (2) and (3) by issuing
Public Service decisions. Every such decision
shall be published in the Public Service Official Circular and shall come into
force
on a date to be specified therein in that behalf or, if no date is
specified, shall come into force on the day on which it is made.
Classification, grading, and salaries of officers
15. The Commission shall
place every officer in an occupational class, and shall place every officer
within that class in a level
and at a salary according to the degree of
responsibility and skill required to be exercised in the performance of the
duties allocated
to the officer.
Continuous review of classification and grading by levels
16.-(1) The Commission
shall be responsible for conducting a continuous review of classification and
grading within the Public Service,
and in discharging this responsibility
shall-
(a) ascertain whether or not there is need to change the content, or salary scale or grading pattern of any occupational class;
(b) ensure that all posts are included in the occupational class most closely related to the duties involved; and
(c) ensure that every post in each occupational class is placed at a level appropriate to the degree of responsibility and skill required in the discharge of its functions.
(2)
If the level of a post is altered in accordance with sub-paragraph
(c)
of paragraph (1) and the new level does not coincide with the level of the
officer for the time being holding the post the Commission
may either appoint
the holder to the post at the new level or it may declare the post vacant and
fill it in any manner it deems
appropriate.
(3) Any alteration of
level pursuant to sub-paragraph
(c)
of paragraph (1) shall take effect from such date as the Commission shall
specify.
Review of grading
17.-(1) Any officer,
provided he has not applied to a Classification and Grading Committee
constituted under regulation 18 within
the period of 5 years immediately
preceding the application, shall have the right to apply to the Commission for a
review of the
level of the post he
occupies:
Provided that nothing in
this regulation shall prevent an officer from making representations to the
Commission at any time on the
grading of the post. (2) On receipt of any
application under paragraph (1) the Commission shall review the case, and shall
notify
the officer in writing of the result of the
review.
(3) If the officer is not
satisfied with any decision of the Commission given under paragraph (2), he may,
within 14 days after the
date on which that decision has been notified to him,
request that his application be referred for consideration by a Classification
and Grading Committee.
Classification and Grading Committees
18.-(1) Subject to the
provisions of this regulation, the Commission may from time to time appoint
Classification and Grading Committees
constituted as provided in this
regulation, and every such appointment of a Committee shall be notified in the
Public Service Official
Circular.
(2) Each such Committee
shall consist of 3 officers or retired officers or other persons of whom one
shall be appointed by the Commission
as Chairman after consultation with the
Association, and one shall be appointed on the nomination of the
Association.
(3) Each such
Committee shall have power to investigate in such manner as it thinks fit and
make a recommendation to the Commission
regarding-
(a) any application lodged under regulation 17; and
(b) any other matter relating to classification or grading referred to it by the Commission.
(4)
Except as otherwise provided in these Regulations, each such Committee shall
determine its own procedure.
(5)
Each such Committee may receive in evidence any statement, document,
information, or matter that may in its opinion assist it
to deal effectively
with the question before it, whether or not the evidence is otherwise admissible
in a court of law.
(6) The officer
making the application for a review shall be entitled to be present, and shall
be entitled to be assisted in the presentation
of his case. The Committee may
insist that the officer be
present.
(7) Proceedings before
any such Committee shall not be held bad for the want of form. No appeal shall
lie against any recommendation
of any such Committee, nor, except on the ground
of lack of jurisdiction, shall any proceeding or decision of any such Committee
be liable to be challenged, reviewed, quashed, or called in question by any
Court.
(8) The Commission shall
without delay notify the applicant of any recommendation made by any such
Committee in respect of his application,
together with the decision of the
Commission thereon.
(9) If the
Commission's decision is contrary to the Committee's recommendation, the
applicant may, within 14 days of the date of notification
to him of the decision
of the Commission, appeal therefrom in accordance with paragraph
(d)
of subsection (1) of section 14 of the Act and the decision of the Appeal Board
shall be final.
Application for regrading upheld
19. Where the Commission
agrees to change the level of a post as a result of a decision made under
paragraph (2) of regulation 17,
or under paragraph (8) of regulation 18, or
where the Appeal Board upholds the application of the appellant under paragraph
(9) of
regulation 18, the Commission may either appoint the applicant to the
post at its new level, or it may declare the post vacant and
fill it in the
manner authorised in regulations 9, 10, 11 and 12 of the Public Service
Commission (Constitution) Regulations.
Salary increments
20.-(1) Except as
otherwise prescribed in any scale of salaries, the increments within any class
and level shall be annual increments.
These shall accrue to any salary until the
employee in receipt thereof has received the same for a period of 12
months.
(2) Notwithstanding the
provisions of paragraph (1), it shall be lawful for the Commission to allow to
any officer in any year an
increment or increments in excess of that to which he
would otherwise have been entitled or from a date earlier than the date on
which
the annual increment would otherwise have accrued if in either case in the
opinion of the Commission the officer is entitled
to special
consideration.
PART V-FEES AND EXPENSES
Deposit on appeal
21. The fee to be
deposited with the Secretary in accordance with subsection (12) of section 14 of
the Act shall be-
(a) for the hearing of an appeal against a penalty imposed in respect of any minor offence, $2;
(b) for the hearing of any other appeal, including an appeal against a penalty imposed in respect of any major offence, $10.
(Amended
by Regulations 22nd December
1975*.)
*See Legal
Notice No. 5 of 1976.
Expenses of witnesses
22. The Appeal Board shall
in each case determine what, if any, sum by way of expenses shall be paid to a
witness called by the Board.
The Board shall not be responsible for the payment
of any costs incurred by the appellant calling a witness.
Expenses of officers
23. The reimbursement of
expenses incurred by an officer who is called upon to perform any function or
duty under these Regulations
in connection with the Public Service Appeal Board
or any committee shall be limited to that provided in General
Orders.
________________
SECTION 105 OF THE CONSTITUTION DELEGATION OF POWERS BY THE PUBLIC SERVICE COMMISSION
Directions
2nd August,
1985#
t Made under
section 105 of the Constitution and, for convenience, included with the
subsidiary legislation under the Public Service
Act.
# See Legal
Notice No. 51 of 1985.
1. This Delegation may be
cited as the Public Service Commission Delegation. 2. In this Delegation, unless
the context otherwise requires-
"acting appointment" means the appointment of an officer to fill a temporary office, or of an officer either to act in short term substitution for another officer or to fill a vacancy temporarily pending the filling of that vacancy by other means;
"Chairman" means the Chairman of the Commission;
"close relative" means husband, wife, son, daughter, father, mother, brother, or sister;
"Commission" means the Public Service Commission established by section 104 of the Constitution;
"Head of Department" means, in relation to any office, the person responsible directly to a Permanent Secretary for the supervision and control of the department, division or branch of Government to which that office is allocated;
"office" means a public office as defined by Chapter XI of the Constitution; "officer" means the holder of an office;
"Permanent Secretary" means, in relation to any office, the Permanent Secretary or other supervisory officer, if any, appointed under section 82 of the Constitution in respect of the department to which that office is allocated; and in relation to any office in the Judicial Department, the Audit Department and the Department of the Ombudsman, the Chief Registrar of the Supreme Court, the Auditor-General, and the Ombudsman, respectively;
"senior officer" means the holder of an office for which the maximum salary exceeds the maximum salary for Grade AD03.
3.
The powers vested in the Commission by section 105 of the Constitution in
relation to the officers specified in Column 1 of the
Schedule are hereby
delegated to the person specified in Column 2 of the Schedule to the extent set
out in Column 3 of the Schedule
and subject to this Delegation and such special
conditions as may be set out in Column 4 of the
Schedule.
4. The persons to whom
powers are delegated by this Delegation shall, in exercise of such powers, act
in accordance with the provisions
of the Public Service Commission
(Constitution) Regulations as though reference in those Regulations to the
Commission were references
to the person to whom delegation has been
made.
5. Notwithstanding the other
provisions of this Delegation, no person shall be appointed to the Public
Service without the prior consent
of the Commission where such
person-
(a) has been convicted of a criminal offence;
(b) has been dismissed or called upon to retire or to resign from the Public Service or who has had his probationary appointment in the Public Service terminated;
(c) has retired from the Public Service; or
(d) is a close relative of a Minister or senior officer of a department to which it is proposed to appoint him.
6.
Any person to whom powers are delegated by paragraphs 1, 5, 6, 7, 8 and 9 of the
Schedule to exercise disciplinary control in relation
to any office shall give
written notice to the Chairman of his intention to exercise such powers and of
any action taken in the course
of the exercise of such powers.
DELEGATION OF POWERS SCHEDULE
COLUMN 1
Offices
COLUMN 2 Person to whom powers
are delegated
COLUMN 3 Extent of
delegation
COLUMN 4 Conditions of
delegation
1. Office in the
following grades and below-
AD05, CS05, DE05 MD05, ME05, NS05, NU04, PH04, PL-04, PM05, PN04, RE06, RT03, SK05, TG04, TL03, subject as provided in paragraphs 4-9, inclusive.
2.
Office in the following grades and below-
AD05, CS05, DE05, MD05, ME05, NS05, NU04, PH04, PM05, PN04, RE06, RT03, SK05, TG04, TL03, except an office referred to in any order made under Section 14(2) of the Public Service Act, and subject as provided in paragraph 6.
3.
Office above the following grades-
AD05, CS05, DE05, MD05, ME05, NS05, NU04, PH04, PI-04, PM05, PN04, RE06, RT03, SK05, TG04, TL03.
Permanent
Secretary or head of department authorised by
him.
Chairman or other member of the
Commission authorised by him.
Chairman
or other member of the Commission authorised by
him.
All the powers of the
Commission, except to make acting appointments, appoint persons who are not
citizens of Fiji and to transfer
officers from one Ministry to another or from
one class of office to another.
Power
to make acting appointments.
Power to
transfer officers from one Ministry to another or from one class of office to
another.
All the powers of the
Commission, except to appoint persons who are not citizens of
Fiji.
That any removal from office,
demotion or reduction in pay shall be subject to the concurrence of the
Commission.
4. Any office of
Executive Officer, Senior Clerical Officer, Clerical Officer, Senior Secretary,
Secretary, Supervising Typist, Stenographer
Typist and
Typist.
5. Secretary of the Public
Service Commission.
6. That any
removal from office, de-motion or reduction in pay shall be subject to the
concurrence of the Commission.
DELEGATION OF POWERS SCHEDULE
COLUMN 1
Offices
COLUMN 2 Person to whom powers
are delegated
COLUMN 3 Extent of
delegation
COLUMN 4 Conditions of
delegation
1. Office in the
following grades and below-
AD05, CS05, DE05 MD05, ME05, NS05, NU04, PH04, PL04, PM05, PN04, RE06, RT03, SK05, TG04, TL03, subject as provided in paragraphs 4-9, inclusive.
2.
Office in the following grades and below-
AD05, CS05, DE05, MD05, ME05, NS05, NU04, PH04, PM05, PN04, RE06, RT03, SK05, TG04, TL03, except an office referred to in any order made under Section 14(2) of the Public Service Act, and subject as provided in paragraph 6.
3.
Office above the following grades-
AD05, CS05, DE05, MD05, ME05, NS05, NU04, PH04, PL04, PM05, PN04, RE06, RT03, SK05, TG04, TL03.
Permanent
Secretary or head of department authorised by
him.
Chairman or other member of the
Commission authorised by him.
Chairman
or other member of the Commission authorised by
him.
All the powers of the Commission,
except to make acting appointments, appoint persons who are not citizens of Fiji
and to transfer
officers from one Ministry to another or from one class of
office to another.
Power to make
acting appointments.
Power to transfer
officers from one Ministry to another or from one class of office to
another.
All the powers of the
Commission, except to appoint persons who are not citizens of
Fiji.
That any removal from office,
demotion or reduction in pay shall be subject to the concurrence of the
Commission.
4. Any office of
Executive Officer, Senior Clerical Officer, Clerical Officer, Senior Secretary,
Secretary, Supervising Typist, Stenographer
Typist and
Typist.
5. Secretary of the Public
Service Commission.
6. That any
removal from office, demotion or reduction in pay shall be subject to the
concurrence of the Commission.
7.
The Commission may, of its own motion or on application by the person to whom
powers are delegated by this Delegation to exercise
disciplinary control in
relation to any office, at any time by notice in writing require disciplinary
proceedings to be transferred
to the Commission and thereupon any delegation by
this Delegation shall, in relation to those proceedings, cease to have effect
but
without prejudice to anything done or suffered thereunder during the time
when such delegation had effect.
__________________
SECTION
105 OF THE
CONSTITUTION
PUBLIC
SERVICE COMMISSION (EXCLUSION) REGULATIONS
TABLE OF PROVISIONS
REGULATION
1.
Short title
2. Exclusion from section
105 of the Constitution
-----------------------------------
Regulations
t 10th July 1970
t
See Legal Notice No. 69 of 1970.
(Made by the Public Service Commission)
Short title
1. These Regulations may
be cited as the Public Service Commission (Exclusion)
Regulations.
Exclusion from section 105 of the Constitution.
2. The following offices
and classes of offices in the public service are excluded from the provisions of
section 105 of the Constitution:-
(a) any office not specified in the Annual Estimates of Fiji;
(b) any office in the South Pacific Health Service;
(c) any office in the Virus Research Laboratory of the Medical Department;
(d) all offices of unestablished employees; and
(e) any office of a member of the Special Constabulary or of auxiliary fireman.
Made
under section 105 of the Constitution and, for convenience, included with the
subsidiary legislation under the Public Service Act.
________________________
SECTION 135 OF THE CONSTITUTION
PUBLIC SERVICE COMMISSION (CONSTITUTION) REGULATIONS
TABLE OF PROVISIONS
PART I-PRELIMINARY
REGULATION
1.
Short title
2.
Interpretation
3. Application of
Regulations
4.
Delegation
5. Knowledge of
Regulations, etc.
6. Departmental
instructions
7. Communications to the
Commission
PART II-GENERAL
8. Production of documents
and appearance before Commission
PART III-APPOINTMENTS, CONFIRMATION OF APPOINTMENTS AND PROMOTIONS
9. Principles and
procedures governing appointments
10.
Appointments to be on probation
11.
Promotions and sideways transfer to
vacancies
12. Effective date of
appointment
13. Acting
appointments
14. Formal offers of
appointment and confirmation of
appointment
15. Appointments and
promotions subject to right of appeal
PART IV-ANNUAL INCREMENTS AND ADVANCEMENT BARS
16. Withholding of salary
increments and halting at advancement bar
PART V-TRANSFERS AND TERMINATIONS OF EMPLOYMENT OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
17. Transfers and
terminations of employment
18.
Compulsory retirement on the grounds of
age
19. Compulsory retirement on
medical grounds
PART VI-DISCIPLINE
20. Letter of
warning
21. Minor
offences
22. Major
offences
23. Offences by Permanent
Secretary
24. Criminal
prosecution
25. Transfer or
interdiction pending hearing, and disciplinary penalty following conviction for
criminal offence
26.
Interdiction
27.
Inquiry
Made under section 105 of
the Constitution and, for convenience, included with the subsidiary legislation
under the Public Service Act.
----------------------------
Regulations*
8th March
1974,
9th April
1975
* See Legal
Notices Nos. 49 of 1974, 35 of 1975.
(Made by the Public Service Commission)
PART I-PRELIMINARY
Short title
1. These Regulations may
be cited as the Public Service Commission (Constitution)
Regulations.
Interpretation
2. In these Regulations,
unless the context otherwise requires-
"Act" means the Public Service Act;
"appointment" includes-
(a) the conferment of an office of emolument in the Public Service, whether or not subject to subsequent confirmation, upon a person not in the Public Service;
(b) the grant of permanent terms of service in a public office to a person recruited and serving on contract or temporary terms of service;
(c) the engagement in a public office of a person on contract terms of service for a further period of service on the conclusion of his previous period of engagement on contract terms in the same or another public office;
(d) the transfer of an officer serving in one public office to another office in the Public Service; and
(e) the appointment of an officer to act in any public office other than the office to which he is substantively appointed, but shall not include the appointment of a wage earner;
"Chairman" means the Chairman of the Commission or any person appointed to act as Chairman under the provisions of section 104 (6) of the Constitution;
"Commission" means the Public Service Commission established by section 104 of the Constitution;
"common-user class" means a class of office the members of which are employed on similar duties in different departments;
"department" means a Ministry of the Government or a Department within the Public Service.
"General Orders" means the General Orders for the Public Service of Fiji as from time to time amended;
"officer" means a public officer as defined in the Constitution but does not include a wage-earner;
"Permanent Secretary" means the officer responsible to a Minister for the supervision of a Department or a group of Departments within a Ministry or any officer appointed by the Commission to have the powers and functions of a Permanent Secretary for the purpose of these Regulations;
"probation" means the period during which an officer's suitability for permanent appointment is assessed;
"promotion" means the conferment upon a person in the Public Service of a public office to which is attached a higher salary or higher salary scale than that attached to the public office he last held substantively;
"Secretary" means the Secretary of the Public Service Commission.
Application of Regulations
3. These Regulations,
unless the context otherwise requires, shall apply to all
officers.
Delegation
4.-(1) Nothing in these
Regulations shall derogate from the power of delegation conferred upon the
Commission by subsection (2) of
section 105 of the
Constitution.
(2) The delegation
by the Commission of any of its powers to any officer, person or body under
subsection (2) of section 105 of the
Constitution shall be communicated to that
officer, person or body by letter in writing or in any manner the Commission
deems fit.
Knowledge of Regulations, etc.
5. Every officer shall
acquaint himself with the relevant provisions of the Constitution relating to
the composition, powers and functions
of the Commission, and to all regulations
made under the Constitution, the Act and all regulations made thereunder,
General Orders
and any general instructions issued by the Commission, and
ignorance of any provision of these shall not excuse a breach thereof.
For this
purpose each Permanent Secretary shall ensure that copies of the Constitution
and all regulations made thereunder, the Act
and all regulations made
thereunder, General Orders, and any general instructions of the Commission are
available for perusal by
officers subject to their terms.
Departmental instructions
6. In any Department in
which Departmental instructions are issued under the authority of the Permanent
Secretary a copy of such instructions
and any subsequent amendments thereto,
shall be submitted to the Commission. Depart mental instructions shall not be at
variance
with regulations and orders made on the authority of the Commission;
and the Commission may cause the withdrawal or modification
of any Departmental
instructions. The Permanent Secretary shall ensure that sufficient copies are
kept available in each branch of
his Department for perusal by any officer
affected by them, and that suitable provision is made for the publication of
amendments
thereto. Where this has been done, the Departmental instruction shall
be deemed to have been communicated to every officer of that
Department, and
ignorance of any such Departmental instruction shall not excuse a breach
thereof.
Communications to the Commission
7.-(1) All communications
from Departments intended for the Commission shall be addressed to the Secretary
at the headquarters of
the Commission in Suva and signed by the Permanent
Secretary or an officer deputed to sign on his
behalf.
(2) An officer shall be
entitled to communicate with the Commission but shall address all communications
to the Secretary and submit
them through his senior officer and Permanent
Secretary. Every such communication shall be transmitted promptly at each
stage.
PART II-GENERAL
Production of documents and appearance before Commission
8.-(1) The Commission may
require any officer to attend and give information before it concerning any
matter which it is required
to consider in exercise of its
functions.
(2) The Commission may
require the production of any official document relevant to any exercise of its
functions.
(3) Any officer who
submits any matter for the consideration of the Commission, shall ensure that
all relevant documents and papers
are made available to the
Commission.
(4) Any officer who
without reasonable excuse fails to appear before the Commission when notified to
do so, or who fails to comply
with any request lawfully and properly made by the
Commission, shall be guilty of a breach of discipline and the Commission may
direct
that disciplinary proceedings should be instituted against
him.
PART III-APPOINTMENTS, CONFIRMATION OF APPOINTMENTS AND PROMOTIONS
Principles and procedures governing appointments
9.-(1) In making
appointments on first entry to the Public Service the Commission shall have
regard to the need to maintain and develop
an efficient service based on the
recruitment of applicants adequately qualified for the requirements of the
Service; but no appointment
to the Public Service shall be made unless the
Commission is satisfied that the appointment is necessary, and that the person
appointed
has more merit for the post to be filled than any officer who is
qualified and available for the post; and of the purpose of this
regulation
merit shall be determined in accordance with paragraph (3) of regulation
2.
(2) Every appointment to the
Public Service shall be made after the relevant vacancy has been advertised and
applications invited
through the medium of the press. Simultaneously a copy of
the advertisement or a report of its general content shall appear in the
Public
Service Official Circular.
(3)
Every appointment whether on a permanent or probationary basis shall be notified
by publication in the Public Service Official
Circular.
Appointments to be on probation
10.-(1) Except as
otherwise determined by the Commission, every person who is first appointed to
the permanent staff of the Public
Service, and every person who, having ceased
to be so employed in the Public Service, is again appointed thereto, shall be on
probation
for one year (except as provided in paragraph (2)), or as the
Commission specifies either generally or in any particular case or
class of
cases.
(2) With the approval of
the Commission a Permanent Secretary may from time to time extend the period of
probation of any probationer
(except as provided in paragraph (3)) for a
specified period not exceeding one year in order to afford the
officer-
(a) further opportunity to pass any examination the passing of which is a condition of the confirmation; or
(b) the opportunity of improvement in any respect in which his work or conduct has been adversely reported upon.
(3)
The Commission may at any time in writing, confirm or annul the appointment to
the Public Service of any
probationer.
(4) Notwithstanding
that the period of probation (including any extension thereof) of any
probationer may have expired, and whether
or not he is appointed to any other
post in the Public Service, he shall while he remains in the Public Service, be
deemed to be
employed on probation until his appointment to the Public Service
is confirmed or annulled, by notice in writing, as provided under
this
regulation:
Provided that if, at
the end of six months after the expiration of his period of probation (including
any extension thereof), he is
still deemed under the foregoing provisions of
this paragraph to be employed on probation his appointment to the Public Service
shall
thereupon be deemed to be confirmed under this regulation.
Promotions and sideways transfer to vacancies
11.-(1) The Commission
shall whenever practicable notify every vacancy or prospective vacancy in a
permanent post (including any newly
created permanent post) in the Public
Service Official Circular or in such other manner as it thinks sufficient to
enable any officer
qualified for appointment to make application
therefor.
(2) In the event of two
or more officers being available for the same post, and account having been
taken of the provisions of paragraphs
(a)
and
(b)
of subsection (9) of section 105 of the Constitution, preference shall be given
to that officer who, in the opinion of the Commission,
has the most merit for
appointment to the post. (3) For the purposes of this regulation, the merit of
an officer for promotion shall
be determined by his-
(a) personal qualities, characteristics, and attributes relevant to the post to be filled; and
(b) work, experience and competence shown in performance of duties previously carried out by him where these can be related to the post to be filled; and
(c) relevant educational or other qualifications:
Provided
that, where two or more officers who are applicants for a vacancy are adjudged
to be equal in merit for promotion having
regard to the matters specified in
paragraph (2) and in the foregoing provisions of this paragraph regard shall be
given to the length
of continuous permanent service of each
officer.
(4) Every appointment of
an officer or probationer shall be notified within the Public Service by notice
in the Public Service Official
Circular or
otherwise.
(5) The Commission may
in any case allow any officer to refuse any offered promotion or appointment
without prejudice to his right
to any future promotion or appointment for which
he might be qualified.
(6) Any
such refusal shall not afford an officer any special or enhanced consideration
in respect of any future promotion or appointment.
Effective date of appointment
12. The power conferred by
these Regulations to appoint any person to any post in the Public Service shall
be deemed to include a
power to appoint that person from and including a date to
be specified in that behalf in the instrument or minute of appointment,
whether
or not that date is earlier or later than the date on which the power of
appointment is exercised, and salary shall be payable
from and including such
date (not being earlier than the date so specified in the instrument or minute)
as the Commission may determine.
Acting appointments
13.-(1) In the case of
absence from duty of any officer (from whatever cause arising) or on the
occurrence from any cause of a vacancy
in any post in the Public Service
(whether by reason of death, resignation, or otherwise) and from time to time
while the absence
or vacancy continues, all or any of the powers and duties of
the officer or pertaining to the post may be exercised and performed
by any
other officer for the time being directed by the Commission to exercise and
perform them, whether the direction has been given
before the absence or vacancy
occurs or while it continues.
(2)
No such direction nor any act done by any officer acting pursuant to any such
direction shall in any proceedings be questioned
on the ground that the occasion
for the direction had not arisen or had ceased, or on the ground that the
officer had not been appointed
to any post to which the direction
relates.
Formal offers of appointment and confirmation of appointment
14.-(1) Any offer of
appointment to any permanent office or permanent post in the Public Service made
to a temporary officer or person
shall be conveyed only and sufficiently by the
issue of an Offer of Appointment by the Commission or any officer to whom the
Commission
has delegated power in that behalf in the manner provided for in
paragraph (2) of regulation 4.
(2)
Any offer of appointment to a temporary office or temporary post in the Public
Service made to a permanent officer or person shall
be conveyed only and
sufficiently by the issue of an Offer of Temporary Appointment by the Commission
or any officer to whom the
Commission has delegated power in that behalf in the
manner provided for in paragraph (2) of regulation
4.
(3) Any confirmation of
appointment to any office or post in the Public Service shall be given only and
sufficiently by the issue
to the officer appointed of a Confirmatory Letter by
the Commissioner or any officer to whom the Commission has delegated power in
that behalf in the manner provided for in paragraph (2) of regulation
4.
Appointments and promotions subject to right of appeal
15.-(1) Every appointment
or promotion which is subject to a right of appeal by any officer under the
provisions of section 14 of
the Act, shall be provisional until all appeals
lodged in respect thereof have been duly determined, or if no appeal is lodged,
until
the time for the lodging of appeals has
expired.
(2) The Commission may at
any time cancel a provisional appointment or promotion, whether or not an appeal
against the appointment
or promotion has been lodged, if in its opinion the
office is not required or can be suitably filled by the transfer without
promotion
of any other officer, or if it considers that further notification of
the post is desirable, or for any other reason it deems
sufficient.
PART IV-ANNUAL INCREMENTS AND ADVANCEMENT BARS
Withholding of salary increments and halting at advancement bar
16.-(1) The Commission is
empowered to withhold one or more annual increments of salary in respect of an
officer whose service has
been unsatisfactory in any regard. Representations may
be made by such officer to the Commission against such
decision.
(2) An officer who in
the opinion of the Commission is not suitable to pass an advancement bar on his
salary scale shall at the discretion
of the Commission be halted immediately
before the bar. Representations may be made by such officer to the Commission
against such
decision.
PART V-TRANSFERS AND TERMINATIONS OF EMPLOYMENT OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
Transfers and terminations of employment
17.-(1) No officer maybe
transferred from one department to another department unless approval for such
transfer has been given by
the Commission, but the posting of an officer between
posts in the same level within the same department or the transfer of an officer
in a common-user class from one department to another department shall not be
regarded as a transfer for the purpose of this
regulation.
(2) If the Commission
at any time finds that a greater number of persons is employed in any department
of the Public Service than
it considers to be necessary for the efficient
working thereof, such persons as are redundant may be transferred to any other
department
of the Public Service at the discretion of the Commission; and if any
person so found to be redundant cannot in the opinion of the
Commission be
usefully employed in any other department of the Public Service the Commission
may terminate his employment.
Compulsory retirement on the grounds of age
18.-(1) When the
Commission is of the opinion that an officer should be retired from the Public
Service on the grounds that he has
attained the age at which he can, under the
provisions of any written law for the time being in force, lawfully be required
to retire
from the Public Service, the officer shall be-
(a) served notice in writing that it is intended compulsorily to retire him from a stated date which shall be not earlier than a date representing the minimum period of notice required by the written law governing the superannuation arrangements under which he is serving or, in the absence of any such requirement to give statutory notice, from a date not earlier than six months following the date on which notice is served;
(b) asked to submit, within a month of notice being served, any representations he might wish to make as to why he should not be so retired. Any such submission shall be considered by the Commission and shall not constitute an appeal under the provisions of paragraph (d) of subsection (1) of section 14 of the Act.
(2)
In the event of the officer making representations the Commission shall, within
two months of notice being served, confirm or
vary the decision compulsorily to
retire the officer and convey the decision to
him.
(3) Nothing in this
regulation shall prevent an officer whose compulsory retirement is under
consideration from retiring voluntarily
if he is not the subject of disciplinary
action or under the threat of such action.
Compulsory retirement on medical grounds
19.-(1) When it appears to
the Commission that an officer is incapable by reason of any infirmity of mind
or body of discharging in
a proper manner the functions of his office it may
call upon such officer to submit himself to examination by a medical board
appointed
by the Permanent Secretary for Health with a view to ascertaining
whether or not such officer is incapable as
aforesaid.
(2) The report
embodying the findings and recommendation of the medical board shall be made
known to the Commission without delay.
The content of the report shall not be
made known to the officer or to any other officer, person or body except with
the permission
of the
Commission.
(3) Unless the
Commission considers it necessary to institute, or cause to be instituted,
further enquiry into any matter bearing
on the officer's incapacity it shall
forthwith give the officer notice of retirement on medical grounds to take
effect on a date
not earlier than a date which shall allow the officer to enjoy
the balance of any leave on account of sickness to which he might
otherwise have
been entitled by virtue of his relevant leave and passage
conditions.
PART VI-DISCIPLINE
Letter of warning
20. A Permanent Secretary,
or any officer acting properly with the authority of the Permanent Secretary,
may, if he considers that
action under regulation 21 is not warranted in respect
of any minor act of misconduct by an officer, issue a letter to such officer
warning him that the act of misconduct has been recorded. A copy of any such
letter issued under this regulation shall be placed
with the officer's
confidential staff report.
Minor offences
21.-(1) If a Permanent
Secretary, or any officer acting properly with the authority of the Permanent
Secretary, has reason to believe
that an officer of his department has committed
an offence against section 12 of the Act, or any regulations as may be made
under
the provisions of that Act, which the Permanent Secretary regards as a
minor offence, he may charge the officer with having committed
the alleged
offence and require the officer to furnish an explanation. Nothing in this
regulation shall prevent a Permanent Secretary
from treating one of a series of
minor offences as a major offence under regulation
22.
(2) If after considering the
explanation and any evidence bearing on the alleged offence, the Permanent
Secretary is satisfied that
the offence has been proved he may caution or
reprimand the officer. Further the Permanent Secretary may order that a sum not
exceeding
$10 be deducted from the officer's salary. Any action taken under this
regulation shall forthwith be reported to the Commission by
the Permanent
Secretary.
(3) Any officer
aggrieved by a decision of his Permanent Secretary under this regulation may
appeal therefrom to the Commission in
writing so that his appeal is received by
the Commission within 14 days, or within such period as the Commission may allow
in any
special circumstances, after the date on which the decision of the
Permanent Secretary has been communicated to
him.
(4) Upon any such appeal the
Commission shall confirm, annul, or vary by reducing or increasing the penalty
imposed by the Permanent
Secretary: Provided that the fine imposed for a minor
offence shall not exceed $10.
Major offences
22.-(1) If a Permanent
Secretary, or any officer acting properly with the authority of the Permanent
Secretary, has reason to believe
that an officer of his department has committed
an offence against section 12 of the Act, or any regulation as may be made
thereunder,
which the Permanent Secretary does not regard as a minor offence (or
being a minor offence at the latest of a series of such offences
does not regard
action under regulation 21 to be appropriate) he-
(a) may, at his discretion and where he thinks that the public interest would best be served by his so doing, interdict the officer at once from the exercise and function of his office; and
(b) shall forthwith serve the officer with a written copy of the charge against him, in which event the following provisions of this regulation will apply.
(2)
The officer concerned shall by notice in writing be required to state in writing
within a reasonable time to be specified in such
notice whether he admits or
denies the truth of the charge and shall also be required to give to the
Permanent Secretary in writing
such explanation as will enable proper
consideration to be given to the alleged offence. If a denial of the truth of
the charge is
not made within the required time, the officer shall be deemed to
have admitted the truth thereof and one or more of the penalties
specified in
paragraph (6) may be imposed.
(3)
The Permanent Secretary shall forthwith forward to the Commission a copy of the
charge and the replies thereto, together with
his own report on the matter and
such other reports as he may have obtained, and the Commission shall thereupon
proceed to consider
and determine the
matter.
(4) If the Commission is
of the opinion that the charge should be investigated by some officer or person
specially appointed for the
purpose, it may make such an appointment; and every
officer or person so appointed shall conduct an inquiry into the
matter.
(5) Where a charge is made
against an officer under the provisions of this regulation, any person or
persons appointed under paragraph
(4) shall have the same powers as the
Commission to summon and examine any witness whose evidence may be deemed
necessary or material,
and shall, after fully hearing the case, report to the
Commission his opinion thereon and forward to the Commission with his report
a
copy of all evidence received by
him.
(6) If the truth of the
charge is admitted by the officer concerned, or if the Commission, after
consideration of the reports relating
to the charge and any reply or explanation
furnished by the officer, and after any such further investigation or inquiry as
it considers
necessary, is satisfied as to the truth of the charge, it may,
after taking into account the service record of the officer, impose
one or more
of the following penalties:-
(a) caution and reprimand the officer;
(b) order to be deducted by way of penalty from the salary of the officer such sum not exceeding $100 as it thinks fit;
(c) transfer the officer to other duties;
(d) reduce the rate of salary of the officer (with or without a consequent reduction in his grading);
(e) dismiss the officer from the Public Service.
(7)
As soon as practicable after the conclusion of any investigation or inquiry
under this regulation, the Commission shall, by notice
in writing, inform the
officer concerned of the Commission's decision and of any penalty imposed by
it.
(8) If any charge is
established under the provisions of this regulation, and the Commission is
satisfied that any omission or default
involved in that finding resulted in
ascertained or assessable damage to Crown property or loss to the Crown, the
Commission may
recommend to the Permanent Secretary for Finance that recovery of
an amount not exceeding the amount of such damage or loss be effected
by the
Minister responsible for finance under the powers vested in him by virtue of
section 63 of the Finance Act. Such recovery shall be in addition to any penalty
that may lawfully be imposed under paragraph (6).
(Cap.
69.)
(9) The Commission may,
pending the hearing and determination of a charge against an officer under this
regulation, transfer the officer
to other duties unless the officer has been
placed under interdiction as provided by sub-paragraph
(a)
of paragraph (1).
Offences by Permanent Secretary
23. If in any case the
Commission has grounds to suspect that any Permanent Secretary may have
committed an offence to which regulation
22 applies, it may notify the Permanent
Secretary accordingly and institute an inquiry. In any such case the provisions
of regulation
22 shall apply with the necessary modifications, references in
that regulation to the Permanent Secretary being construed, where
necessary for
the purposes of this regulation, as references to the Commission.
Criminal prosecution
24.-(1) When a
disciplinary offence is being investigated under the provisions of regulations
21, 22 or 23 and it seems that an offence
against any law might have been
committed by an officer, the Permanent Secretary or the Commission, as the case
may be, shall refer
all relevant papers to the Commissioner of Police for
investigation and for such action as may be
appropriate.
(2) Whilst the
Commissioner of Police is investigating the matter, no disciplinary inquiry
shall be held.
(3) If as a result
of the investigation by the Commissioner of Police it is decided that no
prosecution shall take place, the Commission
shall decide whether or not a
disciplinary inquiry should be
held.
(Substituted
by Regulations 9th April
1975*.)
* See
Legal Notice No. 35 of 1975.
Transfer or interdiction pending hearing, and disciplinary penalty following conviction. for criminal offence
25.-(1) An officer who is
charged with having committed any offence punishable by imprisonment for a term
of one year or more may
be transferred to other duties or interdicted from duty
by the Commission; and if he is convicted (whether or not he has been
interdicted)
one of the following penalties may be imposed on him by the
Commission:-
(a) he may be dismissed;
(b) he may be deemed to have committed an offence against section 12 of the Act and required to suffer such penalty less than dismissal as the Commission may impose.
(2)
Nothing in regulation 22 shall apply with respect to any action taken under this
regulation.
(3) An officer who is
convicted of any offence to which paragraph (1) does not apply may be deemed by
the Commission to have committed
an offence against section 12 of the Act, and
required to suffer such penalty less than dismissal as the Commission may
impose.
Interdiction
26.-(1) An officer
interdicted from the performance and function of his office by the Commission,
or on the authority of the Commission
by a Permanent Secretary in accordance
with sub-paragraph
(a)
of paragraph (1) of regulation 22, may have such interdiction removed only by
the Commission in writing, and authority for such removal
shall not be
delegated.
(2) An officer under
interdiction shall not have access to any official premises and shall not
remove, destroy or add to, or cause
to be removed, destroyed or added to, any
official document, instrument or
matter.
(3) An officer shall not
be paid salary or any amount in compensation for loss of earnings in respect of
a period of interdiction
unless the Commission otherwise directs or he is
acquitted of the charge.
Inquiry
27.-(1) At any inquiry or
investigation held under the provisions of regulation 22, or regulation 22 as
modified by regulation 23,
with respect to any charge made against an officer,
the officer shall be entitled to be assisted in the presentation of his case.
The Commission may insist that the officer be present and available for
questioning and examination.
(2)
If witnesses are examined by the Commission or by any officer or person
appointed to investigate any alleged disciplinary offence
the officer charged
shall be permitted to examine those witnesses and to call witnesses on his own
behalf.
(3) No documentary
evidence shall be used against an officer charged with a disciplinary offence
unless that officer has previously
been supplied with a copy thereof or given
access thereto.
(4) If, during the
course of the inquiry, grounds for directing an additional charge against the
officer are disclosed, the Commission
shall follow the same procedure in respect
of the additional charge as was adopted in laying the original charge under
regulation
22 or regulation 22 as modified by regulation 23.
_______________________
REGULATION 2 OF THE PUBLIC SERVICE COMMISSION (CONSTITUTION) REGULATIONS
APPOINTMENT OF PERMANENT SECRETARIES
Notice*
8th March 1974
*
See Legal Notice No. 53 of 1974.
(Appointment made by the Public Service Commission)
The holders for the time
being of the following offices are appointed to have the powers and functions of
a Permanent Secretary for
the purpose of those Regulations:-
Commissioner of Police
Solicitor-General
Auditor-General
Chief Registrar, Supreme Court
Chief Magistrate
Clerk to Parliament
Ombudsman
Supervisor of Elections
Director of Public Prosecutions.
Controlled by Office of the Prime Minister
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