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Fiji Sessional Legislation |
FIJI ISLANDS
ARRANGEMENT OF SECTIONS
Part 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
Part 2-THE PUBLIC SERVICE
4. Public Service Values
5. Regulations and directions about the Public Service Values
6. Public Service Code of Conduct
7. Ground for discipline
8. Responsibilities of chief executives
9. Establishment of Senior Executive Service
10. Purpose of Senior Executive Service
Part 3-PUBLIC SERVICE COMMISSION
11. Commission's statutory functions
12. Directions of Minister
13. Inquiries by Public Service Commission
14. Annual reports by Public Service Commission
15. Regulations
16. Delegation
17. Secretary and other staff of Public Service Commission
Part 4-SERVICE COMMISSIONS GENERALLY
18. Additional powers of service Commissions
19. Reports by service Commissions
20. Service Commission directions
21. Delegation of employment powers to chief executives
22. Improperly influencing service Commission
23. Protection of members of service Commissions
Part 5-PUBLIC SERVICE APPEAL BOARD
24. Continuation of Public Service Appeal Board
25. Rights of Appeal
26. Procedure on appeal
27. Attempts to influence Appeal Board
Part 6-MISCELLANEOUS
28. Act binds the State
29. Act extends outside Fiji Islands
Part 7-TRANSITIONAL PROVISIONS
30. References to earlier Acts etc.
31. References to Permanent Secretaries and other officers
32. General orders and instructions
Part 8-REPEALS AND AMENDMENTS
33. Repeals and saving
34. Amendments
Schedule-Amendments
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K. K. T. MARA
President
[19 March 1999]
TO MAKE PROVISION, FURTHER TO THAT IN THE CONSTITUTION, FOR THE PUBLIC SERVICE AND THE PUBLIC SERVICE COMMISSION, FOR OTHER SERVICE COMMISSIONS, FOR A PUBLIC SERVICE APPEAL BOARD, AND FOR RELATED MATTERS
ENACTED by the Parliament of the Fiji Islands-
Part 1-PRELIMINARY
Short title
1. This Act may be cited as the Public Service Act 1999.
Commencement
2.- (1) This Act commences on a date or dates appointed by the Minister by notice in the Gazette.
(2) The Minister may appoint different dates for the commencement of different provisions.
(3) In appointing dates under this section the Minister must have regard to the need to synchronise the provisions of this Act with those of the Public Finance Management Act 1999.
Interpretation
3. In this Act, unless otherwise stated or the context otherwise requires-
"Appeal Board" means the Public Service Appeal Board established by Part 5;
"chief executive" has the same meaning as in the Public Finance Management Bill 1999;
"constitutional functions", of a service Commission, means the functions conferred on the Commission by the Constitution;
"Constitutional Offices Commission" means the Commission of that name established by section 142(a) of the Constitution;
"delegate", of a service Commission, means a person to whom a function or power of the Commission has been delegated or subdelegated;
"delegation" includes a subdelegation where the power to delegate so provides;
"department" has the same meaning as in the Public Finance Management Act 1999;
"directions" means directions made by a service Commission under section 20 of this Act;
"Disciplined Services Commission" means the Commission continued in existence under that name by section 142(c) of the Constitution;
"employee" means a person employed in the public service but does not include a wage earner;
"government company" has the same meaning as in the Public Finance Management Act 1999;
"Judicial and Legal Services Commission" means the Commission of that name established by section 131(1) of the Constitution;
"member" means a member of the Appeal Board;
"Minister", in relation to a service Commission, means the Purchase Minister with responsibility for that Commission;
"Ministry" has the same meaning as in the Public Finance Management Act 1999;
"Ownership Minister" has the same meaning as in the Public Finance Management Act 1999;
"parliamentary body" has the same meaning as in the Public Finance Management Act 1999;
"public service" means the service of the State in any capacity, but does not include service in-
(a) an office of judge;
(b) a judicial office that is the responsibility of the Judicial and Legal Service Commission;
(c) an office in the Republic of Fiji Islands Military Forces;
(d) the office of a member of a commission, tribunal or board established by, or continued in existence under the Constitution;
(e) a statutory authority; or
(f) a government company;
"Public Service Code of Conduct" means the rules in section 6;
"Public Service Commission" means the Commission of that name continued in existence by section 142(b) of the Constitution;
"public service union" means a trade union that is registered under the Trade Unions Act and recognised by the relevant Commission for the purpose of collective bargaining in relation to a group of employees;
"Public Service Values" means the values set out in section 4;
"Purchase Minister" has the same meaning as in the Public-Finance Management Act 1999;
"regulations" means regulations made by a service Commission under this Act or section 173(1) of the Constitution;
"relevant Commission" in relation to an employee, means the service Commission whose functions extend to that employee;
"relevant employee", in relation to a service Commission, means an employee to whom the functions of that Commission extend;
"Senior Executive Service" means the service established by section 9;
"service Commission" means any of-
(a) the Public Service Commission;
(b) the Constitutional Offices Commission;
(c) the Judicial and Legal Services Commission;
(d) the Disciplined Services Commission;
"statutory authority" has the same meaning as in the Public Finance Management Act 1999;
"statutory functions", of a service Commission, means the functions conferred on the Commission by or under this or any other Act, other than the Constitution;
"subordinate legislation" means any instrument of a legislative character made in exercise of a power conferred by an Act, and includes directions;
"this Act" includes any regulations or directions made under it;
"wage earner" means a person employed in the public service by reference to a rate of remuneration or payment other than an annual one.
Part 2-THE PUBLIC SERVICE
Public Service Values
4.-(1) The public service respects the values, policies, rights and freedoms set out in he Constitution.
(2) Employment decisions in the public service are made without patronage, favouritism or political influence, and appointments and promotions are made on the basis of merit after an open, competitive selection process.
(3) Men and women equally, and the members of all ethnic groups, have adequate and equal opportunities for training and advancement in the public service.
(4) The public service carries out the Government's policies and programs effectively and efficiently and with due economy.
(5) The composition of the public service reflects as closely as possible the ethnic composition of the population, taking account, when appropriate, of occupational preferences.
(6) The public service provides a working environment that is free from discrimination.
(7) The public service is apolitical, performing its functions in a neutral, impartial and professional way.
(8) The public service is fully accountable, within the framework of the Constitution and the Public Finance Management Act 1999, to the Government, the Parliament and the people of the Fiji Islands.
(9) The public service is responsible to the Government in providing frank, honest, comprehensive, accurate and timely advice and implementing the Government's policies and programs.
(10) The public service has the highest ethical standards, particularly for integrity and honesty.
(11) The public service delivers services fairly, effectively and courteously.
(12) The public service develops and maintains leadership of the highest quality, particularly through the Senior Executive Service.
(13) The public service provides a fair, flexible and rewarding workplace.
(14) The public service focuses on achieving results and managing performance.
Regulations and directions about the Public Service Values
5.-(1) The Public Service Commission may make regulations, or give written directions-
(a) for the purpose of ensuring that all employees uphold the Public Service Values; and
(b) as to the scope or application of the Public Service Values.
(2) The Public Service Values have effect subject to any regulations made or directions given under subsection (1), including any regulations or directions restricting the scope or application of the Public Service Values or resolving potential inconsistencies between them.
Public Service Code of Conduct
6.-(1) An employee must behave honestly and with integrity in the course of employment in the public service.
(2) An employee must act with care and diligence in the course of employment in the public service.
(3) An employee, when acting in the course of employment in the public service, must treat everyone with respect and courtesy, and without coercion or harassment of any kind.
(4) An employee, when acting in the course of employment in the public service, must comply with all applicable Acts and subordinate legislation.
(5) An employee must comply with all lawful and reasonable directions given by persons in authority in the employee's Ministry, department or parliamentary body.
(6) An employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or any member of the staff of a Minister.
(7) An employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with employment in the public service.
(8) An employee must use Government resources and assets in a proper way.
(9) A person must not, in the course of or in connection with employment in the public service, provide false or misleading information in response to a request for information that is made for official purposes.
(10) An employee must not make improper use of official information or of the employee's duties, status, power or authority in order to gain, or seek to gain, a benefit or advantage for the employee or for anyone else.
(11) An employee must not, except in the course of his or her duties as an employee, or with the express authority of the chief executive of his or her Ministry, department or parliamentary body, give or disclose, directly or indirectly, any information about public business or anything of which the employee has official knowledge.
(12) An employee must at all times behave in a way that upholds the Public Service Values and the integrity and good reputation of the public service.
(13) An employee on duty overseas must at all times behave in a way that upholds the good reputation of the State.
(14) An employee must comply with any other conduct requirement prescribed by regulations, specified in directions or required of the employee by his or her duel executive.
(15) In this section "employee" includes a wage earner.
Ground for discipline
7. A breach of the Public Service Code of Conduct by an employee is a ground for disciplinary action under the regulations of the relevant Commission or, in the case of a person to whom Part 4 of the Constitution applies, for removal under that Part.
Responsibilities of chief executives
8.-(1) A chief executive must uphold and promote the Public Service Values, and is bound by the Public Service Code of Conduct.
(2) The chief executive of a Ministry is responsible to the relevant Minister or Ministers concerned for the efficient, effective and economical management of the Ministry, including any department or group of departments in the Ministry.
(3) Chief executives are collectively responsible for providing leadership of the highest quality for the public service.
(4) In recognition of their collective responsibility, chief executives must work together to-
(a) provide direction on the future of the public service;
(b) motivate employees to reach their full potential; and
(c) initiate good management practice.
Establishment of Senior Executive Service
9.-(1) This section establishes a Senior Executive Service.
(2) The Senior Executive Service consists of chief executives and all employees holding offices designated by the Public Service Commission as senior executive offices.
(3) Before designating an office under subsection (1) the Public Service Commission must consult the relevant Commission and the chief executive of the Ministry, department or parliamentary body concerned.
Purpose of Senior Executive Service
10. The purpose of the Senior Executive Service is to attract, develop and retain a group of employees each of whom, within the employee’s Ministry, department or parliamentary body-
(a) provides at a high level one or more of the following-
(i) professional expertise;
(ii) policy advice;
(iii) management;
(b) promotes cooperation with other Ministries and departments and parliamentary bodies in implementing Government policies and programs; and
(c) by personal example and in other appropriate ways upholds and promotes the Public Service Values and compliance with the Public Service Code of Conduct.
Part 3-PUBLIC SERVICE COMMISSION
Public Service Commission's statutory functions
11.-(1) In addition to its constitutional functions, the Public Service Commission has the following functions-
(a) to consider and report to the Government on public service issues;
(b) to promote and uphold the Public Service Values and the Public Service Code of Conduct, and to monitor and evaluate-
(i) the extent to which Ministries, departments and parliamentary bodies have adopted the Public Service Values;
(ii) the extent to which the structure of the public service supports the Public Service Values;
(iii) the adequacy of the systems and procedures in Ministries, departments and parliamentary bodies for ensuring compliance with the Public Service Code of Conduct;
(c) to develop, promote, review and evaluate public service employment policies and practices;
(d) to facilitate continuous improvement in human resources management in the public service,
(e) to provide or facilitate training and career development for the public service (including public service examinations) and to coordinate and support service-wide training and career development opportunities in the public service insofar as those functions are not performed by some other body;
(f) to contribute to, and foster, leadership in the public service;
(g) to review, and advise the Government on, the structure, size and composition of the public service, including the creation, amalgamation and abolition of Ministries and departments, the functions of departments, and staffing levels in Ministries and departments;
(h) to perform in relation to employees the functions of an employer including but not limited to-
(i) the classification of employees;
(ii) the duties of employees, and the places where they are to be performed;
(iii) the transfer of employees to and between Ministries and departments.
(iv) the setting of remuneration and other terms of employment, unless another written law confers those functions on some other person or body in relation to any employee or class of employee;
(i) to ensure that adequate office accommodation is provided for the public service; and
(j) to supervise physical working conditions in the public service as required;
(k) if requested, to give advice and assistance to Ministries, departments and other service Commissions in relation to public service issues; and
(l) to perform any other functions given to the Commission by or under this Act or any other written law.
(2) The Public Service Commission must, if directed by the Ownership Minister for a statutory authority-
(a) investigate and report on the state of the statutory authority and give a copy of the report to the Ownership Minister; and
(b) give advice and assistance to the statutory authority in relation to-
(i) its management or employment policies and practices;
(ii) training or career development for its employees.
(2) In this section-
"department" includes a parliamentary body;
"employee" includes a wage earner.
Directions of Minister
12.-(1) In performing its statutory functions the Public Service Commission must, subject to subsection (2), act in accordance with any general directions as to policy given to it in writing by the Minister, which may include directions as to delegation of the Commission's functions under section 16.
(2) The Public Service Commission or a delegate of the Commission is not subject to directions by any Minister in respect of the performance of the Commission's statutory functions in relation to a particular person.
(3) This section does not affect section 173(4) of the Constitution as regards the constitutional functions of the Public Service Commission.
(4) In giving directions to the Public Service Commission under subsection (1) the Minister must have regard to the need to synchronise and harmonise the provisions of this Act with those of the Public Finance Management Act 1999.
Inquiries by Public Service Commission
13.-(1) The Public Service Commission may, on its own initiative or if asked to do so by the Prime Minister, conduct an inquiry into-
(a) an alleged breach of the Public Service Code of Conduct by any employee; or
(b) any public service employment policy or practice.
(2) For the purpose of an inquiry, the Public Service Commission, or a person authorised by the Commission, may-
(a) enter the premises of any department;
(b) require production of, examine and copy any document in the possession of a department;
(c) interview any employee; or
(d) interview anyone else who can provide information relevant to the inquiry.
(3) Chief executives and other employees must give the Public Service Commission any assistance it reasonably requires to conduct an inquiry.
(4) Without limiting subsection (3), the Public Service Commission may require an employee to answer any question relevant to the inquiry.
(5) Subsection (4) does not prevent an employee from asserting a claim of privilege against self-incrimination in accordance with law.
(6) For the purpose of an inquiry under this section the Public Service Commission has the same powers and authority to summon witnesses and to admit and receive evidence as are given to the commissioners of a commission of inquiry by section 9 of the Commissions of Inquiry Act (Cap. 47), and sections 14 and 17 of that Act apply, with necessary changes, in relation to the powers and authority given to the Commission by this subsection.
(7) Before conducting an inquiry on its own initiative under this section in relation to an employee in respect of whom the functions of another service Commission extend, the Public Service Commission must consult that Commission.
(8) In this section-
"department" includes a parliamentary body;
"employee" includes a wage earner.
Annual reports by Public Service Commission
14.-(1) Within 4 months after the end of each year, the Public Service Commission must give the Prime Minister a report on the state of the public service and the performance of the Commission during the year.
(2) The Prime Minister must cause a copy of the report under subsection (1) to be laid before each House of the Parliament within 14 sitting days of the House after it is received by the Prime Minister.
(3) The requirements of this section are in addition to any reporting requirement imposed on the Public Service Commission by or under the Public Finance Management Act 1999.
Regulations
15.-(1) The Public Service Commission, with the agreement of the Prime Minister, may make regulations prescribing anything-
(a) required or permitted by this Act to be prescribed;
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act; or
(c) necessary or convenient to be prescribed for carrying out its statutory functions, or for the efficient, effective and economical management, control and working of the public service.
(2) Without limiting subsection (1), regulations made under it may make provision with respect to-
(a) the Senior Executive Service, including the basis on which employees in the Senior Executive Service are to be employed;
(b) the appointment, promotion and transfer of all employees;
(c) the retirement, retrenchment and termination of employment of all employees;
(d) the conduct and discipline of all employees;
(e) handling of grievances;
(f) performance agreements to be entered into by chief executives which are consistent with the Public Finance Management Act 1999;
(g) performance assessments of chief executives, in relation to their performance agreements;
(h) the contents of annual corporate plans and annual reports of Ministries and departments in relation to personnel matters;
(i) performance improvement programs by Ministries and departments.
(3) Regulations made under this section may also prescribe-
(a) the fees, allowances and expenses to be paid to a person for carrying out a function or duty under this Act; and
(b) fees for appeals to the Appeal Board.
(4) This section is in addition to the powers of the Public Commission to make regulations under section 173(1) of the Constitution.
(5) If regulations under subsection (2) are made relating to performance assessment of chief executives, they must provide that before completing any such assessment the relevant Commission must consult-
(i) the relevant Purchase Minister as regards the extent to which the Ministry or department met its obligations under a purchase agreement with that Minister;
(ii) the relevant Ownership Minister as regards the extent to which the Ministry or department met its obligations under its annual corporate plan prepared pursuant to the Public Finance Management Act 1999.
(6) In making regulations under this section the Public Service Commission must have regard to the need to synchronise and harmonise the regulations with the provisions of the Public Finance Management Act 1999.
(7) Before making regulations affecting employees in respect of whom the functions of another service Commission extend, the Public Service Commission must consult that Commission.
(8) In this section-
"department" includes a parliamentary body;
"employee" includes a wage earner.
Delegation
16.-(1) The Public Service Commission may, in writing, delegate to a member or officer of the Commission, or the holder of a public office (within the meaning of the Constitution), any of its statutory functions or of its powers in relation to its statutory functions.
(2) A person to whom functions or powers are delegated under subsection (1) may, in writing, delegate any of the functions or powers to an employee (the "subdelegate").
(3) A delegation may be made under subsection (2) only with the prior written approval of the Public Service Commission.
(4) A function or power delegated under subsection (2) is, when performed or exercised by the subdelegate, taken to have been performed or exercised by the Public Service Commission.
(5) A delegation under this section continues in force despite any change in the membership of the Public Service Commission.
(6) A delegation under this section may be revoked or amended at any time by the Public Service Commission.
(7) All relevant written laws apply to a delegate (including a subdelegate) in the performance of a delegated function, or the exercise of a delegated power, as if the delegate were the Public Service Commission.
(8) A delegation under subsection (1) may be performed or exercised only in accordance with any conditions applying to the delegation, and a subdelegation under subsection (2) may be performed or exercised only m accordance with any conditions applying to the delegation under which the subdelegation was made.
(9) This section is in addition to-
(a) the Public Service Commission's power of delegation under section 150 of the Constitution;
(b) sections 31A, 31B and 31C of the Interpretation Act (Cap. 7).
(10) Subsections (5) to (8) apply to a delegation under section 150 of the Constitution in the same way as they apply to a delegation under subsection (1).
(11) Subsection (2) does not apply to a delegation under section 150 of the Constitution.
(12) In the exercise of its powers under this section the Public Service Commission must have regard to the need to synchronise and harmonise its functions with the provisions of the Public Finance Management Act 1999.
(13) Before delegating any functions to an employee in respect of whom the functions of another service Commission extend must consult that Commission.
Secretary and other stuff of Public Service Commission
17.-(1) There is to be a Secretary for the public service who is also the Secretary to the Public Service Commission.
(2) The Public Service Commission is also to have other staff necessary to perform its constitutional and statutory functions.
(3) The Secretary for the public service and other Commission staff must be persons employed in the public service
Part 4-SERVICE COMMISSIONS GENERALLY
Additional powers of service Commissions
18.-(1) Every service Commission has the power to do everything necessary or convenient to be done for, or in connection with, the performance of its functions under the Constitution or this Act.
(2) The powers given to a service Commission by subsection (1) are in addition to its powers under the Constitution, any other provision of this Act or any other written law.
(3) In the exercise of its powers and the performance of its functions every service Commission must-
(a) comply with the requirements of section 140 of the Constitution;
(b) synchronise and harmonise its decisions with the provisions of the Public Finance Management Act 1999;
(c) before taking action which would affect an employee in respect of whom the functions of another service Commission extend, consult that Commission.
Reports by service Commissions
19.-(1) A service Commission may, at any time, give the Minister a report about any issue relevant to its functions.
(2) A service Commission must, if asked by the Minister, give the Minister a report about any issue relevant to its functions, but without affecting section 173(4) of the Constitution.
(3) This section is in addition to any other requirement of a written law relating to reports by service Commissions.
Service Commission directions
20.-(1) A service Commission may give to relevant employees written directions about anything necessary or convenient to be prescribed for carrying out its constitutional functions or its statutory functions, or for the efficient, effective and economical management, control and working of the public service.
(2) Without limiting subsection (1), a service Commission may give written directions about how functions or powers delegated by it are to be performed or exercised and about any other matter with respect to which the Commission may make regulations.
(3) A service Commission's directions cannot create offences or impose penalties.
(4) Chief executives and other employees must comply with any directions of a service Commission that are expressed to be binding on them.
(5) In this section "employee" includes a wage earner.
Delegation of employment powers to chief executives
21.-(1) A chief executive is the employer of the employees in the relevant Ministry, department or parliamentary body to the extent that-
(a) the relevant Commission delegates its rights, duties and powers as an employer to the chief executive under the Constitution; or
(b) the Public Service Commission delegates such rights, duties and powers under section 16 of this Act.
(2) Without limiting subsection (1), a chief executive has, in relation to employees in the relevant Ministry, department or parliamentary body the rights, duties and powers prescribed by regulations or specified in directions.
(3) If a service Commission delegates to a chief executive its rights, duties and powers as an employer, the chief executive must, in exercising those rights and powers and performing those duties, comply with-
(a) the requirements of section 140 of the Constitution;
(b) relevant provisions of the Public Finance Management Act 1999; and
(c) any applicable regulations.
(4) In this section employee includes a wage earner.
Improperly influencing service Commission etc.
22.-(1) A person who seeks (directly or indirectly) to improperly influence a service Commission, a member, employee, agent or delegate of a service Commission or the Secretary for the public service commits an offence.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine of $1,000.
Protection of members of service Commission etc.
23.-(1) This section applies to a person who is or has been a member, employee, agent or delegate of a service Commission or the Secretary for the public service.
(2) A person mentioned in subsection (1) is not liable in relation to an act done or omitted to be done by the person in good faith in the performance or purported performance of a function, or the exercise of a power, of the relevant Commission.
Part 5-PUBLIC SERVICE APPEAL BOARD
Contribution of Public Service Appeal Board
24.-(1) This section continues in existence the Public Service Appeal Board established by the Public Service (Amendment) Act 1998 (No. 58 of 1998).
(2) The Appeal Board consists of the following members-
(a) a chairperson appointed by the Minister after consultation with the Chairperson of each service Commission and with the public service unions;
(b) a member appointed by the Minister on the joint nomination of the Chairpersons of all the service Commissions; and
(c) a member appointed by the Minister on the joint nomination of the public service unions.
(3) A person who holds a public office must not be appointed as a member.
(4) Subject to this section, a member holds office for 3 years but is eligible for reappointment.
(5) The term of appointment of a member expires upon his or her reaching the age of 65, and a person must not be appointed or reappointed if he or she has reached that age.
(6) The Minister may terminate the appointment of a member for misbehaviour o physical or mental incapacity.
(7) If a member-
(a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(b) is absent, without reasonable excuse, from 3 consecutive meetings of the Appeal Board; or
(c) has, in the Minister's opinion, failed to perform his or her functions as a member satisfactorily for a significant period,
the Minister must terminate the member's appointment.
(8) A member may resign by notice in writing to the Minister.
Rights of appeal
25.-(1) Subject to this section, every employee, other than an employee on probation, may appeal to the Appeal Board under this Part against-
(a) the promotion of any employee, or the appointment of any person who is not an employee, to a position in the public service for which the appellant, had applied by way of promotion;
(b) the taking of disciplinary action against the appellant; or
(c) the transfer of the appellant from one district to another within the Fiji Islands.
(2) An appeal under paragraph (1)(a) lapses if, before the appeal is determined-
(a) the appellant resigns or retires or his or her employment in the public service is lawfully terminated;
(b) the promotion or appointment that is the subject of the appeal is cancelled; or
(c) the officer whose promotion, or the person whose appointment, is the subject of the appeal dies or vacates, renounces or becomes incapable of taking up the position.
(3) Notwithstanding subsection (1)(b), an employee does not have a right to appeal against disciplinary action against the employee for a refusal to comply with or obey an instruction or order transferring the employee from one district to another within the Fiji Islands if the employee has already had an appeal against the transfer dismissed.
(4) An appeal does not lie against the promotion of an employee, or the appointment of a person, to an office or position specified in an order made by the Prime Minister, however that office or position is for the time being designated.
Procedure on appeal
26.-(1) Notice of an appeal under this Part, setting out the grounds of the appeal, must be lodged with the Secretary of the Appeal Board-
(a) within 21 days after the date on which the decision was published or notified to the appellant; or
(b) within any further time allowed by the Appeal Board on sufficient reason being shown by the applicant.
(2) An appellant must, when lodging an appeal with the Secretary of the Appeal Board, deposit with the Public Service Commission the prescribed fee, which must be refunded if the appeal is allowed.
(3) For the purpose of determining an appeal, the Appeal Board has the same powers and authority to summon witness and to obtain evidence as are conferred upon the commissioners of a Commission of Inquiry by section 9 of the Commissions of Inquiry Act, and section 14 and 17 of the Act apply, with necessary changes, in relation to the powers and authority vested in the Appeal Board by this Part.
(4) In an appeal the onus of proof rests with the appellant.
(5) Proceedings of the Appeal Board are not open to the public but a person authorised by the Board may attend a hearing or part of a hearing.
(6) At the hearing of an appeal-
(a) the appellant is entitled to be present and may be represented by a legal practitioner or by any other person; and
(b) the officer or person against whose promotion or appointment the appeal has been lodged is entitled to be heard in such manner as the Appeal Board thinks fit and may be represented by a legal practitioner or by any other person.
(7) The Appeal Board may direct that 2 or more particular appeals are to be heard together.
(8) In performing its functions, the Appeal Board must endeavour to combine fairness to the parties with economy, informality and speed.
(9) In the conduct of an appeal, the Appeal Board is not bound by the procedures, legal forms and rules of evidence of a court of law but should-
(a) accord natural justice to the parties to the appeal;
(b) keep a written record of its proceedings; and
(c) give reasons for its decision on the appeal.
(10) The Appeal Board may allow or disallow an appeal by an employee and the relevant Commission must implement the decision.
(11) If an appeal by an employee under section 25(1)(a) is allowed, the relevant Commission must forthwith appoint the appellant to the position.
(12) The Appeal Board may, at any time, disallow an appeal without hearing it, or without hearing it further, on the ground that it is frivolous or vexatious or cannot succeed.
Attempts to influence Appeal Board
27.-(1) Except as provided in subsection (2), a person who attempts to influence the Appeal Board or a member of the Appeal Board in respect of an appeal commits an offence and is liable on conviction to a fine of $1,000.
(2) Nothing in subsection (1) prohibits a person from giving information or making representations in respect of an appeal at the request or invitation of a service Commission or the Appeal Board, or as a witness, the appellant or the representative of a party at a hearing before the Appeal Board.
Part 6-MISCELLANEOUS
Act binds the State
28. This Act binds the State.
Act extends outside Fiji Islands
29. This Act extends to acts and omissions outside the Fiji Islands.
Part 7-TRANSITIONAL PROVISIONS
References to earlier Acts etc.
30.-(1) Unless the context otherwise requires, a reference in an Act or subsidiary legislation to the Public Service Act (Cap. 74), the Public Service Decree 1988 or the Public Service Decree 1990 is to be construed as a reference to this Act.
(2) Unless the context otherwise requires, a reference in an Act or subsidiary legislation to subsidiary legislation under the Public Service Act (Cap. 74), the Public Service Decree 1988 or the Public Service Decree 1990 is to be construed as a reference to the appropriate subsidiary legislation under this Act.
(3) The Prime Minister may by order modify or adapt references in the Act or Decrees mentioned in subsection (1) and (2).
References to Permanent Secretaries and other officers
31. Unless the context otherwise requires, a reference in an Act or subsidiary legislation to-
(a) the Permanent Secretary of a Ministry -is to be construed as a reference to the chief executive of a Ministry;
(b) the Permanent Secretary of a particular Ministry - is to be construed as a reference to the chief executive of that Ministry;
(c) an officer of the public service - is to be construed as a reference to an employee as defined in section 3 of this Act;
(d) the Secretary of the Public Service Commission or to the Secretary to Government and for the Public Service - is to be construed as a reference to the Secretary for the Public Service.
General orders and instructions
32.-(1) General orders made by the Public Service Commission and in force immediately before the commencement of this section continue to have effect as if they were directions given by the Commission under section 20.
(2) Instructions issued by the Public Service Commission and in force immediately before the commencement of this section continue to have effect as if they were directions given by the Commission under section 20.
Part 8-REPEALS AND AMENDMENTS
Repeals and savings
33.-(1) The following are repealed-
(a) Public Service Act (Cap. 74);
(b) Public Service Decree 1988;
(c) Public Service Decree 1990;
(d) any Decree or Act amending (a), (b) or (c).
(2) An appeal to the Appeal Board in progress at the commencement of this section must continue as if brought under Part 4 of this Act.
Amendments
34. The Acts mentioned in the Schedule are amended in the manner specified.
SCHEDULE
(Section 34)
_______
AMENDMENTS
_______
INTERPRETATION ACT (Cap. 7)
Section 2 (Interpretation) - Delete "Permanent Secretary" in the definition of "secretary" in subsection (1).
HIGHER SALARIES COMMISSION ACT (Cap. 2A)
Section 6 (Disqualification for membership) - Delete subsection (1)(e) and substitute-
"(e) he is a member of a commission established by, or continued in existence under, the Constitution (except the Public Service Commission).".
Section 11(Functions of Commission) - Delete subsection (1)(c) and substitute-
"(c) to consider and determine the salary of the chief executive of every Ministry, department and parliamentary body, and the salary of the holder of every public office (except a public office to which section 183(1) of the Constitution applies) that the Commission prescribes after consultation with the Public Service Commission;".
POLICE ACT (Cap. 85)
Section 14 (Discharge) - Delete "Police Service Commission" from subsection (1)(c) and substitute "Disciplined Services Commission".
Section 32 (Trial of offences against discipline) - Delete "Police Service Commission" from subsection (1) and substitute "Disciplined Services Commission".
Section 37 (Dismissal and reduction in rank of police officers convicted by any court) - Delete "Police Service Commission" and substitute "Disciplined Services Commission".
PRISONS ACT (Cap. 86)
Section 8 (General powers of Commissioner) - Delete "Public Service Commission" in subsection (1) and substitute "Disciplined Service Commission”.
Section 11 (Appointment of officers) - Delete "Public Service Commission" in subsections (1) and (2) and substituting "Disciplined Services Commission".
Section 14 (Prolongation of service in case of war etc) - Delete "Public Service Commission" and substitute "Disciplined Services Commission".
Section 15 (Discharge)-Delete "Secretary of the Public Service Commission" in subsection (3)(a) and substitute "Disciplined Services Commission".
Section 20 (Officers not to engage in private employment or to receive gratuities) - Delete "Public Service Commission" in paragraph (a) and substitute "Disciplined Services Commission".
Section 31 (Review by Commissioner) - Delete "Public Service Commission" in subsection (3) and substitute "Disciplined Services Commission".
Section 32 (Special proceedings in certain cases) - Delete "Secretary of the Public Service Commission" in paragraph (a) and substitute "Disciplined Services Commission"
Passed by the House of Representatives this 22nd day of February 1999.
Passed by the Senate this 4th day of March 1999.
____________________
PUBLIC SERVICE REGULATIONS 1999
ARRANGEMENT OF REGULATIONS
Part I-PRELIMINARY
1. Citation
2. Commencement
3. Interpretation
4. Interpretation Act
Part 2-APPOINTMENTS, PROMOTIONS AND TRANSFERS
Division 1: Engagement and promotion
5. Appointment and promotion based on merit
6. Dual appointments
7. Contract employment
8. Temporary employment
Division 2: Probation
9. Appointments to be on probation
10. Probation reports
11. Confirmation of appointments etc.
12. Automatic confirmation
Division 3: Transfer
13. Notice of transfer etc.
Part 3-RETIREMENT
14. Retirement age
15. Compulsory retirement or retrenchment of excess employees
16. Compulsory retirement for ill-health
17. Compulsory retirement in the public interest
Part 4-CONDUCT
18. Engaging in another occupation for reward
19. Holding office in public authority
20. Absence without leave
21. Employee to report legal proceedings
Part 5-DISCIPLINE
22. Disciplinary action
21. Suspension from duty
Part 6-ANNUAL REPORTS, CORPORATE PLANS AND PERFORMANCE
IMPROVEMENT PROGRAMS
24. Annual reports
25. Corporate plans
26. Performance improvement programs
Part 7-GRIEVANCES
27. General policy
28. Procedures for grievances
Part 8-MISCELLANEOUS
29. Written directions
30. Production of documents etc.
Part 9- REPEALS AND TRANSITIONAL
31. Repeals
32. Contract employment
33. Temporary employment
34. Transfers
35. Probation
36. Retirement age
37. Discipline
38. Personal grievances
39. Modification and adaptation
--------------------------------
CONSTITUTION AMENDMENT ACT 1997
PUBLIC SERVICE ACT 1999
_______
PUBLIC SERVICE (GENERAL) REGULATIONS 1999
IN exercise of the powers conferred on it by section 173 (1) of the Constitution and section 15 of the Public Service Act 1999, and with the agreement of the Prime Minister, the Public Service Commission makes these Regulations-
Part I-PRELIMINARY
Citation
1. These Regulations may be cited as the Public Service (General) Regulations, 1999.
Commencement
2. These Regulations commence on the date on which Part 3 of the Act commences.
Interpretation
3. In these Regulations, unless the context otherwise requires-
"Act" means the Public Service Act 1999;
"Commission" means the Public Service Commission;
"local authority" means a council of a city, town or district;
"station" includes an area declared to be a station by the Commission;
"transfer" does not include the movement of an employee between positions in the same Ministry or department unless the movement requires the employee to change his or her residence from one station to another.
4. The Interpretation Act (Cap. 7) applies to these Regulations in the same way as it applies to every other written law within the meaning of that Act.
Part 2-APPOINTMENTS, PROMOTIONS AND TRANSFERS
Division 1: Appointment and promotion
Appointment and promotion based on merit
5.-(1) The appointment or promotion of a person to an office pursuant to section 147(1) of the Constitution must be made on the basis of merit after an open, competitive selection process, and in accordance with section 140 the Constitution.
(2) An appointment or promotion may only be made if-
(a) the vacancy in the office, or a vacancy in an office with the same duties, was notified in a public Service Official Circular within the last year as open to any citizen of the State;
(b) an assessment has been made of the relative suitability of the candidates for the duties, after interview or using another competitive selection process;
(c) the assessment was based on the relationship between the candidate's work- related qualities and the work-related qualities genuinely required for the duties;
(d) the assessment focused on the relative capacity of the candidates to perform the duties.
(3) The following work-related qualities may be taken into account in making an assessment referred to in subregulation (2)-
(a) skills and abilities;
(b) qualifications, training and competencies;
(c) standard of work performance;
(d) capacity to perform at the level required;
(e) demonstrated potential for further development;
(f) ability to contribute to team performance.
(4) Subregulation (3) does not prevent any other relevant matter being taken into account.
(5) The Commission may by directions made under section 20 of the Act provide that this regulation does not apply, or applies with specified changes, to-
(a) the appointment or promotion of a wage earner; or
(b) the appointment of a person to be employed on a contract or to perform duties temporarily in a Ministry or department.
(6) In this regulation, vacancy includes a vacancy that has not commenced and a prospective vacancy.
Dual appointments
6. If a chief executive of a Ministry or department (the first Ministry or department) is also appointed as chief executive of another Ministry or department, the chief executive does not merely because of the additional appointment cease to be the chief executive of the first Ministry or department.
Contract employment
7. The Commission may employ a person on a contract to perform duties in the Public Service for a fixed term.
Temporary employment
8.-(1) The Commission may employ a person to perform duties temporarily in a Ministry or department.
(2) A person may be employed under subregulation (1) only if the Commission is satisfied that-
(a) the employment is necessary for the efficient operation of the Ministry or department, and assistance in temporarily performing the duties cannot conveniently be given by another Ministry or department; or
(b) the person should not be appointed to an office in the public service because physical or mental incapacity or a medical condition.
(3) A person employed under this regulation is to be paid at a rate, and is subject to other terms and conditions of employment, decided by the Commission.
Division 2: Probation
Appointments to be on probation
9.-(1) The appointment of a person to the public service as an employee is, in the first instance, an appointment on probation.
(2) The period of probation is 12 months.
(3) The Commission may confirm the appointment of a person before the end of the period of probation.
Probation reports
10.-(1) In respect of an employee on probation-
(a) a report about the employee's service must be made to the Commission by the employee's Ministry or department 6 months before the end of the period of probation; and
(b) another report about die employee's service must be made by the employee's Ministry or department one month before the end of the period of probation.
(2) A report under subregulation (1) need not be made if the employee's appointment has already been confirmed by the Commission.
(3) The report mentioned in subregulation (1) (b) must include are commendation that-
(a) the employee's appointment be confirmed;
(b) the period of probation be extended;
(c) the employee's appointment be ended.
(4) A recommendation mentioned in subregulation (3) (b) or (c) may be made about an employee only if-
(a) the employee has been told of the proposed recommendation;
(b) the employee has been given a reasonable opportunity to state his or her views about the recommendation; and
(c) any views stated by the employee have been considered in making the recommendation.
Confirmation of appointment etc.
11.-(1) After considering the probation reports made under regulation 10 in respect of an employee, the Commission must decide whether it is satisfied that the employee's service has been satisfactory.
(2) The Commission must confirm the appointment of an employee on probation if-
(a) the Commission is satisfied that the employee's service has been satisfactory; and
(b) the employee has passed any examinations required by the Commission.
(3) If the Commission does not confirm the appointment of an employee on probation the Commission may-
(a) extend the employee's period of probation by not longer than 6 months; or
(b) end the appointment
(4) One month before the end of any extended period of probation imposed on an employee under subregulalion (3), a report about the employee's service must be made to the Commission by the employee's Ministry or department.
(5) The report must include a recommendation that-
(a) the employee's appointment be confirmed; or
(b) the employee's appointment be ended.
(6) After considering the report made under subregulations (4) and (5), the Commission must -
(a) confirm the appointment; or
(b) end the appointment.
(7) Confirmation of an appointment must be in writing, unless the appointment is automatically confirmed under regulation 12.
Automatic confirmation
12.-(1) If the appointment of a person to the public service has not been confirmed or ended within 18 months after the person's appointment, the appointment of the person is automatically confirmed at the end of that period.
(2) This regulation has effect irrespective of anything in regulation 10 or 11.
Division 3: Transfers
Notice of transfer etc.
13. The Commission may transfer an employee without the employee's agreement only if the Commission has-
(a) given the employee 28 days written notice of the transfer;
(b) given the employee an opportunity to state his or her views about the transfer; and
(c) considered any views stated by the employee.
Part 3- RETIREMENT, RETRENCHMENT AND TERMINATION
Retirement Age
14.-(1) An employee must be retired from the public service on reaching unless the Constitution or any other written law specifies a different age in respect of any employee.
(2) Subregulation (1) does not apply to an employee if the Commission decides that it is in the interests of the public service that (lie employee not be retired.
(3) An employee retired under subregulation (1) may after the retirement be employed under regulation 7 or 8.
(4) This regulation does not prevent an employee from retiring-
(a) at die age when an employee can lawfully retire under any written law relating to the grant of pensions, gratuities or compensation;
(b) at another age with the written approval of the Commission.
Compulsory retirement or retrenchment of excess employees
15. The Commission may retire or retrench an employee from the public service if the Commission is satisfied that the employee is excess to the requirements of the employee's Ministry or department because-
(a) the Ministry or department employs more employees than it needs for the effective, efficient, economical and appropriate performance of its functions;
(b) the duties performed by the employee are no longer required.
Compulsory retirement for ill-health
16.-(1) The Commission may retire an employee from the public service if the Commission is satisfied that the employee is unable to perform his or her duties, or any other available duties appropriate to the employee's classification, because of physical or mental incapacity.
(2) For the purpose of subregulation (1), the Commission may require an employee to undergo examination by a medical board consisting of 3 members each of whom is a qualified medical practitioner.
(3) Retirement of an employee under this regulation does not take effect until the day immediately after the day when the employee exhausts any sick leave credit to which the employee is entitled before retirement.
Compulsory retirement or termination in the public interest
17.-(.1) The Commission may retire an employee from the public service, or terminate an employee's employment, if the Commission is satisfied that the retirement or termination is in the public interest.
(2) The Commission may take action under this subregulation (1) only if-
(a) the Commission has considered a report from the employee's Ministry or department that includes a recommendation that the employee be retired or the employee's employment terminated;
(b) the employee is given a reasonable opportunity to state his or her views about the recommendation; and
(c) when deciding if she retirement or termination is in the public interest the Commission considers -
(i) the report made under paragraph (a);
(ii) any views of the employee about the recommendation stated by the ministry or department; and
(iii) any other relevant circumstances.
Part 4-CONDUCT
Engaging in another occupation for reward
18. An employee must not engage in any occupation for reward outside the public service without the written agreement of the Commission.
Holding office in public authority
19. An employee must not accept or continue to hold an office in a local authority without the written agreement of the Commission.
Absence without leave
20.- (1) This regulation applies to an employee who is absent from duty without leave and does not have a reasonable excuse for the absence.
(2) The employee is not entitled to remuneration for the period of the absence.
(3) If, within 7 days of the beginning of the absence, the employee does not tell the Commission the reason for the absence and the expected date of his or her return to duty, the employee is taken to have resigned from the public service and forfeits all rights and entitlements in relation to the employee's public service employment.
(4) The Commission may decide that-
(a) subregulation (3) does not apply to the employee; or
(b) subregulation (3) applies to the employee, but the employee does not forfeit all or particular rights and entitlements in relation to the employee's public service employment.
(5) This regulation does not prevent the employee from being disciplined under these regulations for the absence.
Employee to report legal proceedings
21. An employee who becomes subject to criminal proceedings in the Fiji Islands or elsewhere for an offence that carries a penalty of imprisonment in the Fiji Islands must immediately and in writing inform the chief executive of his or her Ministry or department.
Part 5-DISCIPLINE
Disciplinary action
22.-(1) If the Commission is satisfied that the employee has breached the Public Service Code of Conduct, the Commission may-
(a) terminate the employee's employment;
(b) reduce the employee's grade;
(c) transfer or redeploy the employee to other duties;
(d) defer a merit increase in remuneration for the employee for a specified period;
(e) reduce the level of the employee's remuneration;
(f) impose a penalty of not more than $500; or
(g) reprimand the employee.
(2) In deciding whether an employee has breached the Public Service Code of Conduct and if so what disciplinary action should be taken against the employee, the Commission must commonly with the principles of natural justice.
(3) Without limiting subregulation (2), the Commission must-
(a) allow the employee a reasonable opportunity to present information and to state his or her views about whether the employee has breached the Public Service Code of Conduct and, if so, what disciplinary action should be taken against him or her, and
(b) consider any information presented, and any views stated, by the employee.
(4) In this part, "employee" includes a wage earner.
Suspension from duty
23.-(1) The Commission may suspend an employee from duty if the Commission believes that-
(a) the employee has breached the Public Service Code of Conduct; and
(b) the proper management of the employee's Ministry or department may be prejudiced if the employee is not suspended.
(2) The Commission may cancel a suspension at any time.
(3) An employee suspended from duty under subregulation (1) is not entitled to remuneration for the period of suspension.
(4) The Commission may decide that an employee who is suspended from duty is entitled to all or part of the remuneration payable for all or part of the period of suspension.
Part 6-ANNUAL REPORTS, CORPORATE PLANS AND PERFORMANCE
IMPROVEMENT PROGRAMS
Annual reports
24.-(1) This regulation applies to any report that the chief executive of a Ministry or department is required, under any written law, to give to the Purchase Minister about the performance of the Ministry or department for a particular year.
(2) A report referred to in subregulation (l) must include in respect of the relevant year-
(a) an evaluation of the extent to which the Ministry or department has incorporated the Public Service Values;
(b) an evaluation of the adequacy of systems and procedures in the Ministry or department for ensuring compliance with the Public Service Code of Conduct;
(c) an evaluation of the handling of grievances in the Ministry or department during the year;
(d) details of initiatives in employment policies and practices in the Ministry or department during the year; and
(e) an analysis of trends in the size, structure and composition of the Ministry or department.
(3) Subregulation (2) does not limit the matters that must or may be included in a report under subregulation (1).
(4) This regulation is in addition to, and does not alter, any reporting requirements under the Public Finance Management Act 1999.
Corporate plans
25.-(1) This regulation applies to any corporate plan that a chief executive of a Ministry or a department is required, under any written law, to agree with the Ownership Minister.
(2) The corporate plan must include details of human resources and employee relations strategies.
(3) This regulation is in addition to, and does not alter, any reporting requirements under the Public Finance Management Act 1999.
Performance improvement programs
26.-(1) The chief executive of each Ministry, and each department, must establish a performance improvement program for his or her Ministry or department.
(2) The performance improvement program established under subregulation (1) should aim to foster a high performance culture in the Ministry or department by-
(a) improving communication between supervisor's and employees;
(b) providing employees with regular feedback about their performance;
(c) providing a good understanding of work responsibilities and results expected to be achieved;
(d) identifying employees' training and development needs and ways these can be met;
(e) providing a method for deciding merit pay; and
(f) establishing effective processes for managing poor performance.
(3) The performance improvement program should provide for-
(a) the development of performance expectations (which may be in the form of a performance agreement) and appropriate performance assessment criteria;
(b) review of performance between an employee and his or her supervisor; and
(c) a regular assessment cycle that provides for-
(i) review of an employee's overall performance during the cycle; and
(ii) consideration of an employee's training and development needs.
(4) Processes for managing poor performance as mentioned in subregulaion (2)(f) should -
(a) be fair, streamlined and efficient;
(b) ensure that an employee is given a reasonable opportunity to improve;
(c) balance the needs of the Ministry or department and the employee;
(d) be consistent with any applicable laws about discrimination, record keeping and privacy;
(e) ensure that an employee is given full information about job requirement performance expectations, deficiencies in his or her performance and possible consequences.
Part 7-GRIEVANCES
General policy
27. Chief executives should achieve and maintain Workplaces that encourage product and harmonious working environments and that are able to deal with employees' concerns quickly and fairly.
Procedures for grievances
28.-(1) A chief executive must put in place, in his or her Ministry or department appropriate procedures for employees to seek review of action that they consider adverse affects their employment.
(2) The procedures referred to in subregulation (l) must establish an appropriate balance between the needs of the employee for fair review, and the needs of the Ministry or department in achieving results and managing performance.
(3) If a Ministry includes a department-
(a) the head of department need not put in place procedures under this regular for the department if the Secretary of the Ministry has put in place procedures that cover the department;
(b) the procedures put in place by the Secretary of the Ministry under this regulation need not cover the department if the head of department has put place procedures for the department.
(4) In this regulation, action includes refusal or failure to act.
Part 8-MISCELLANEOUS
Written directions
29. The contents of a written direction or instruction issued under section 20 of the Act are deemed to have been communicated to an employee when the direction is published in a public service circular or failing any such publication, when it has otherwise been brought to the personal notice of the employee.
Production of documents etc.
30.-(1) An employee must, if required by the Commission, give the Commission any information or official document relevant to the functions of the Commission which is in the employee's possession or control.
(2) An employee must, if required by the Commission, attend before the Commission to give information about anything relevant to the functions of the Commission.
(3) In this regulation, employee includes a wage earner.
Part 9- REPEALS AND TRANSITIONAL PROVISIONS
Repeals
31. The following Regulations are repealed-
(a) Public Service Commission (Constitution) Regulations 1990;
(b) Public Service Commission (Personal Grievance Procedure Regulations 1990;
(c) Public Service (Statutory) Regulations 1990.
Contract employment
32. A person who is employed on a contract by the Commission immediately before the commencement of these Regulations continues to be employed by the Commission under the contract.
Temporary employment
33. A person who is temporarily employed in a Ministry or department immediately before the commencement of these regulations continues to be temporarily employed in the Ministry or department as if the person had bees temporarily employed by the Commission under these Regulations.
Transfers
34. Regulation 19 of the Public Service Commission (Constitution) Regulations 1990 continues to apply to a person if an order was made under that regulation for the transfer of the person.
Probation
35. Regulations 21 to 25 of the Public Service Commission (Constitution) Regulations 1990 continue to apply to an officer first appointed to the public service before the commencement of this regulation if the officer's appointment had not been confirmed-or terminated before the commencement.
Retirement age
36. A decision made under regulation 28 of the Public Service Commission (Constitution) Regulations 1990 to retain the services of a person continues to have effect after the commencement of this regulation as if it were a decision made by the Commission under regulation 14 (2) of these Regulations.
Discipline
37. Part V of the Public Service Commission (Constitution) Regulations 1990 continues to apply to a disciplinary offence (within the meaning of those Regulations) committed before the commencement of these Regulations.
Personal grievances
38. The Public Service (Personal Grievance Procedure) Regulations 1990 continue to apply to a personal grievance (within the meaning of those Regulations) submitted under those Regulations and not finally dealt with before the commencement of these Regulations.
Modification and adaptation
39. The Commission may give directions modifying or adapting any of the Regulations mentioned in regulation 31 by virtue of regulations 34 to 38 continue to apply after the commencement of these Regulations.
Made at Suva this 6th day of May 1999.
S. WAQAIVAVALAGI
Chairman,
Public Service Commission
A. JALE
Secretary,
Public Service Commission
________________________
PUBLIC SERVICE ACT 1999
(ACT No. 8 OF 1999)
_______
PUBLIC SERVICE (APPEAL) REGULATIONS 1999
IN exercise of the powers conferred on it by section 15 of the Public Service Act 1999, and with the agreement of the Prime Minister, the Public Service Commission makes the following Regulations-
Part I-PRELIMINARY
Citation and commencement
1.-(1) These Regulations may be cited as the Public Service (Appeal) Regulations 1999.
(2) These Regulations come into force on the date of commencement of Part 5 of the Public Service Act 1999.
2. In these Regulations-
"Chairperson" means the Chairperson of the Appeal Board appointed under section 24(2)of the Act;
"Secretary" means the Secretary of the Appeal Board;
"relevant service Commission" means the service Commission against whose decision an appeal is brought;
"respondent" in the case of an appeal in respect of a promotion or appointment, means the person against whose promotion or appointment the appeal has been lodged.
Part II - PROCEDURE
Appeals procedure
3. The Public Service Appeal Board meets at times or times and in places as fixed by the Chairperson. The Chairperson must ensure meetings are so convened that appeals are heard expeditiously.
Record book
4.-(1) A record book must be kept in which of all particulars proceedings of the Board are recorded.
(2) The record of the proceedings of the Board must be confirmed no later than its next meeting, and when confirmed must be signed by the Chairperson.
(3) The record book constitutes the written record of proceedings required by section 26(9)(b)of the Act.
Lodging of appeal
5. An appeal by an employee under section 26(1) of the Act must be sent to the Secretary in writing and must set out clearly and concisely the grounds for the employee's dissatisfaction with the decision appealed against. The Secretary must acknowledge receipt of the appeal forthwith in writing and must forward a copy of the appeal to the relevant service Commission and to the respondent, if any.
Notice of hearing
6.-(1) If the Appeal Board is satisfied that prima facie grounds for appeal exist, and that the appeal is not frivolous or vexatious as mentioned in section 26(12) of the Act, the Secretary must as soon as practicable formally accept the appeal and advise in writing the appellant, the relevant service Commission and the respondent, if any, of the time and place fixed for the hearing.
(2) The notice given to the appellant and respondent, if any, must be by registered post and must give sufficient time to allow for transmission of the notice of acceptance and for the appellant and respondent, if any, to travel to the hearing.
Appellant and respondent may give evidence
7. The Board may treat the appellant and respondent if any, as witnesses in order to admit and receive evidence under the powers conferred upon it by section 26 of the Act.
Documentary evidence
8. In the case of an appeal against a penalty imposed for a disciplinary Offence, any documentary evidence to be considered by the Board which is additional to that produced at the disciplinary inquiry must be first supplied to, or made available to, the appellant or the relevant service Commission, as the case may be.
Affidavit evidence
9.-(1) Where the evidence of a witness is required and his or her attendance is in the opinion of the Chairperson impossible or possible only inconveniently, the Chairperson may authorise that an affidavit concerning the matter under appeal be sworn before a Commissioner of Oaths and submitted in evidence.
(2) Nothing in this regulation prevents the Board subsequently summoning the witness to attend a hearing.
Want of prosecution
10. If the appellant or his or her representative fails to appear at the hearing at the appointed time the Board may dismiss the appeal for want of prosecution.
Decision on appeal
11.-(1) The Secretary must, as soon as possible after an appeal has been considered, forward the decision of the Board with reasons in writing to all parties to the appeal.
(2) A decision of the Appeal Board must be by a majority of the members constituting
Part III-FEES AND EXPENSES
Fee on appeal
12.-(1) The fee for lodging an appeal is $200 which must be deposited with the Secretary when the appeal is sent under regulation 5.
(2) Section 26(2) of the Act applies in respect of refunds of fees
Expenses of witness
13.-(1) Witnesses called by the Board in an appeal are entitled to be paid expenses.
(2) In determining the conditions or expenses payable to a witness, the Board must be guided by the rates of expenses applicable in the public service generally.
Expenses of employees
14. The reimbursement of expenses incurred by an employee who is called upon to perform any function under these Regulations other than as a witness, is limited to that provided for in directions given under section 20 of the Act.
Expenses of parties
15.-(1) The expenses of an appellant or of his or her representative or witnesses are not chargeable against public funds.
(2) The expenses of the relevant service Commission and of the respondent, if any, are chargeable against public funds.
S. WAQANIVAVALAGI
Chairman,
Public Service Commission
A. JALE
Secretary,
Public Service Commission
________________________
PUBLIC SERVICE APPEAL (EXCLUSION) ORDER 1999
IN exercise of the powers conferred on me by section 25(4) of the Public Service Act 1999 I specify the following as offices or positions in respect of which no appeal against promotion or appointment lies under Part 5 of the Act-
1. The President or Vice President of the State.
2. The Secretary to Cabinet.
3. Any office to which section 146 of the Constitution applies.
4. The Speaker of (be House of Representatives.
5. An agricultural tribunal.
6. Any office of Permanent Secretary of a Department within the meaning of section 110 of the Constitution.
7. Any office on the personal staff of the President or Vice President of the State.
8. The Secretary to the House of Representatives.
9. The Secretary to the Senate.
10. The office of member of any of the following-
Public Service Appeal Board
Higher Salaries Commission
A Commission of Inquiry
Film Censorship Board
Hotels Licensing Board
Central Liquor Board
Divisional Liquor Tribunal
Consumer Safety Committee
Engineers Registration Board
Native Land Commission
Fisheries Commission
Secretariat of the Bose Levu Vakaturaga
National Occupational Health and Safety Advisory Board
A Wages Council
Labour Advisory Board
Committee of Valuers
Land Conservation Board
National Disaster Management Board
Co-operatives Advisory Board
Co-operatives Training Institute
Surveyors Registration Board
Fiji Multi-Ethnic Cultural Council
An entity listed in Part 2 of Schedule 2 to the Public Finance Management Act 1999 as an entity not owned by the State
11. The following offices in the Ministry of Foreign Affairs-
High Commissioner or Ambassador
Counsellor
First Secretary.
Second Secretary
Third Secretary
12. Any office which falls within Upper Range 1, 2, 3 or 4.
13. Any office which falls within the following salary ranges-
Engineering
EP01
EP02
Information Technology
IT01
IT02
Legal
LG01
LG02
Medical
MD01
MD02.
Made at Suva this 12th day of May 1999.
S. L. RABUKA
Prime Minister
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