Salaries and Allowances of Members of the Maneaba ni Maungatabu and Salaries Tribunal (Amendment) Act 1997

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SALARIES AND ALLOWANCES OF MEMBERS OF MANEABA NI MAUNGATABU AND SALARIES TRIBUNAL (AMENDMENT ACT 1997
No. 12 of 1997

AN ACT TO AMEND THE SALARIES AND ALLOWANCES OF MEMBERS OF MANEABA NI MAUNGATABU AND SALARIES TRIBUNAL ACT (Revised Edition 1996)

1. This Act may be cited as the Salaries and Allowances of Members of the Maneaba ni Maungatabu and Salaries Tribunal (Amendment) Act 1997.

2. In this Act unless the context otherwise requires "principal Act" means the Salaries and Allowances of Members of the Maneaba ni Maungatabu and Salaries Tribunal Act (Revised Edition 1996).

3. Section 2 of the principal Act is hereby amended-by repealing the definition of "official business" and substituting a new definition as follows -

(a) any business carried out by a member or members for which financial provision has been previously been made in any Appropriation Act; or

(b) any other business carried out by a member or members which is determined by Cabinet to be official

Repealing subsections 3(a), 3(b), 3(c) and 3(d) and by inserting after subsection (2) the following subsections -

"(3) (a) if the Beretitenti or a Minister travels on official business within Kiribati to a

(i) where he is accommodated either in a licensed rest house or a hotel in a place other than Kiritimati Island, a subsistence allowance of $40 per day;

(ii) where he is accommodated either in a licensed rest house or a hotel in Kiritimati island an amount equal to the costs of his accommodation and meals up to a maximum of $150 per day;

(iii) where he is not accommodated in a licensed rest house or a hotel and is a subsistence allowance of $15 per day;

(iv) where he is not accommodated in a licensed rest house or a hotel and is in Kiritimati Island, a subsistence allowance of $20 per day:

provided that the Beretitenti or a minister shall not be paid any subsistence allowance for travelling and staying at his island constituency if he is not visiting that island in the course of a ministerial tour.

(b) If a member other than the Berefitenti or a Minister travels on official business within Kiribati to a place other than South Tarawa and/or his island' constituency, he shall be paid -

(i) where he is accommodated either in a licensed rest house or a hotel in a place other than Kiritimati island, a subsistence allowance of.$40 per day;

(ii) where he is accommodated either in a licensed rest house or a hotel in Kiritimati island an amount equal to the costs of his accommodation and meals up to a maximum of $150 per day;

(iii) where he is not accommodated in a licensed rest house or a hotel and is not in Kiritimati Islands, a subsistence allowance of $15 per day

(iv) where he is not accommodated in a licensed rest house or a hotel and is in Kiritimati Island, a subsistence allowance of $20 per day:

(c) If the Beretitenti, a Minister or a member is accompanied, by his spouse on a journey for which he is entitled to free air or sea passage for his spouse pursuant to section 4(4) of this Act, the spouse shall be entitled to be paid an allowance in a sum equal to half the amount payable to the Beretitenti, Minister or member as the case may be under paragraphs (a) and (b) of this subsection.

(d) renaming in subsection (3), paragraph (e) as paragraph (d) and paragraph (f) as paragraph (e);

"adopted" means adopted under the authority of an adoption order made by a court of competent jurisdiction;

"child" includes adopted child, grandchild, adopted grandchild, stepson and stepdaughter; -

"dependants" means those members of the family f a member who were wholly or in part dependent upon his earnings at the time of his death, or would but for the incapacity due to the accident have been so dependent, and, where the member, being the parent or grandparent of an illegitimate child, leaves such child so dependent upon his earnings, or, being an illegitimate child, leaves a parent or grandparent so depended on his earnings, shall include such an illegitimate child or parent or grandparent respectively:

Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from or made on behalf of that other person for the provision of the ordinary necessaries of life;

"maneaba" means a community hall of traditional design serving a village or cluster of households in a settlement area, where important decisions are made by traditional leaders;

(d) a formal periodic visit or call by a member to a maneaba within that member's constituency for the purpose of informing or discussing with electors in that member's constituency, bills, motions, questions, reports, statements, petitions, papers, announcements and other topics raised or to be raised in the Maneaba ni Maungatabu; or

(e) in the case of the Beretitenti, the Kauoman ni Beretitenti. or other Minister, the performance by the Beretitenti. Kauoman ni Beretitenti, or other Minister, as the case may be, of the functions of his office;

"medical practitioner" means a medical practitioner or medical officer registered, or conditionally registered, as such under the provisions of the Medical Services Act 1996;

"member" includes the legal personal representative of a member if that member is deceased;

"member of a family" means wife or husband, father, mother, grandfather, . grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister, niece or nephew and shall include any child or children, not specifically mentioned, living with the deceased at the time of his death and wholly or mainly dependent upon his earnings and such other

person as was at the time of his death and wholly or mainly dependent upon his earnings and such other person as was at the time of the injury living in the household of the member and was wholly or mainly dependent upon his earnings;

"partial incapacity" means where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a member at the time of the accident resulting in the incapacity; and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in every paid employment which he was capable of undertaking at that tune:

Provided that every injury specified in the Schedule, except such injury or combination or injury in respective of which the percentage or aggregate percentage of the loss of earning capacity as specified in the Schedule against such injury or injuries amounts to 100 per cent or more, shall be deemed to result in permanent partial incapacity;

"total incapacity" means such incapacity, whether of a temporary or permanent _ nature, as in practice is likely to prevent a member obtaining any paid employment which he was capable of undertaking at the time of the accident resulting in such incapacity;

Ability for compensation for death or incapacity bf a Member resulting from accident

18. (1) If a member suffers personal injury by accident arising out of, and in the course of Maneaba Business, the Republic shall, subject as hereinafter provided, be liable to pay compensation to such member in accordance with the provisions of this Act:

(a) the Republic shall not be liable under this Act in respect of any injury, other than an injury which results in partial incapacity of a permanent nature, which does not incapacitate the member for a period exceeding 7 days, and

(b) if it is proved that the injury to a member is attributable to the serious and willful misconduct; of that member, any compensation claimed in respect of that injury shall, unless the injury results in death or serious and permanent incapacity, be disallowed.

(2) No compensation shall be payable under this Part of this Act in respect of any incapacity or death resulting from a deliberate self injury.

(3) An accident happening to a member in or about the Maneaba ni Maungatabu shall be deemed to arise out of or in the course of Maneaba Business and the Republic is liable to pay compensation if the accident happens while he is taking steps on an actual or supposed emergency at the Maneaba ni Maungatabu to rescue, succour or protect persons who are, or are thought to be or possible to be, injured or imperilled, or to avert or minimise serious damage to property.

(a) if the member leaves any dependants wholly dependent on his earnings, the amount of compensation shall be a sum equal to 48 months' salary or $25,000 whichever is less:

provided that where in respect of the same accident compensation has been paid under the provisions of section 20 or section 21 there shall be deducted from the sure payable under this paragraph any sums so paid as compensation;

(b) if the member does not leave any dependants wholly dependent on his . earnings, but leaves any dependants in part so dependent, the amount of compensation shall be such sum, not exceeding in any case the amount payable' under paragraph (a), as may be agreed upon or, in default of agreement, as may be determined by the court to be reasonable and proportionate to the injury to the said dependants;

(c) if the member leaves no dependants, the reasonable expenses of the burial of, the deceased member and the reasonable expenses of medical attendance on the deceased member, not exceeding in all the sum of $250 shall be paid by the Republic.

20. - (1) Where permanent total incapacity results from the injury the amount of compensation shall be a sum equal to 48 months' earnings or $25,000 whichever is less:

Provided that in no case shall the amount of compensation in respect of permanent total incapacity be less than $5000.

(2) Notwithstanding the provisions of subsection (1), where an injury results in permanent fatal incapacity of such a nature that the injured member must have the constant help of another person, additional compensation shall be paid amounting to one-quarter of the amount which is otherwise payable under the provisions of this section.

21. (1) Where permanent partial incapacity results from the injury the amount of compensation shall be -

(a) in the case of an injury specked in the Schedule, such percentage of the compensation which would have been payable in the case of permanent total incapacity as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and

(b) in the case of an injury not specified in the Schedule, such percentage of the compensation which would have been payable in the case of permanent total incapacity as it proportionate to the loss of earning capacity permanently caused by the injury.

(2) Where more injuries than one are caused by the same accident, the amount of compensation payable under the provisions of this section shall be aggregated, but not so in any case as to exceed the amount which would have been payable if permanent total incapacity had resulted from the injuries.

22. (1) Where an accident arising out of and in the course of his employment has caused loss; of a limb or other mutilation and the supply of an artificial limb or limbs or apparatus (including dental appliances and artificial eyes) will allow the member to continue performing his duties as a member, such artificial limb or limbs or apparatus shall be provided at the expense of the Republic.

(2) The Republic shall be liable to pay for the replacement or repair of any artificial limb of limbs Or apparatus belonging to a member, 'damaged as a result of an accident arising out of and in the course of Maneaba Business.

23. (1) The compensation shall be payable to or for the benefit of the member, or, where death results from the injury, to or for the benefit of his dependants as provided for by this Act.

(2) Where there are both total and partial dependants nothing in this Act shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.

(3) Where 'a dependant dies before a claim in respect of death is made under this Act, or, if a claim has been made, before the payment of compensation the regal personal representative of the dependant shall has been made, the legal personal representative of the dependant shall have no right to payment of compensation, and the claim for compensation shall be dealt with as if that dependant has died before the member.

24. (1) Compensation payable where the death of a member has resulted from an paid in
jury. shall be paid to the: court, and the court may order any sum so paid in to be apportioned among the dependants of the deceased member or any of them in such proportion as the court thinks fit, or, in the discretion of the court, to be allotted to any such dependant, and the sum so allotted to any dependant shall be paid to him or be invested, applied or otherwise dealt with for his benefit in such manner as the court thinks fit.

(2) Compensation payable under the provisions of section 20 or section 21 shall be paid to the court, and any sum so paid shall be paid to the person entitled thereto or be invested, applied or otherwise dealt with far his benefit in such manner as the court thinks fit.

(3) Any other compensation payable under this Act may be paid to the member or to the court and when paid to the court shall be paid by the court to the Person entitled thereto.

(4) The receipt of the clerk of the court shall be sufficient discharge in respect of any amount paid to the court under the provisions of this Act.

(5) Subject to section 89 of the Constitution, any order or directions of the court under this section shall be final and shall not be questioned in, nor shall any appeal lie therefrom to any other court whatsoever.

25. (1) Proceedings for the recovery under this Act for compensation for an injury shall not be maintainable unless notice of the accident has been given by or on behalf of the member as soon as practicable after the happening thereof, and unless the application for compensation with respect to such accident has been made within 6 months from the occurrence of the accident causing the injury or, in the case of death, within 6 months from the time of death:

Provided that the failure to snake an application within the period above specified shall not be a bar to the maintenance of such proceedings if it is found that the failure was occasioned by mistake or other reasonable cause.

(2) Notice in respect of an injury under this section may be given orally or in writing.

(3) Notice in respect of an injury under this section may be given to the office of the Speaker of the Maneaba ni Maungatabu and shall give the name and constituency of the member injured and shall state in ordinary language the cause of the injury and the date on which the accident happened.

(4) The notice, if in writing, may be given by delivering the same or sending it by post in a registered letter addressed to the Speaker of the Maneaba ni Maungatabu.

(5) Where the employer is a body of persons, corporate or unincorporated, the notice, if in writing, may also be given by delivering it or sending it by post in a registered letter addressed to the employer at the office, or if there be more than one office, anyone of the offices of such body.

(6) The member shall, if so required. by the Speaker, supply to him such further particulars of the accident and of the injury, as the Speaker may reasonably require.

26.(1) Where a member has given notice of an accident he shall, if the Speaker, before the expiry of 7 days from the time at which notice has been given to have him examined free of charge by a medical practitioner named by the Speaker, submit himself for such examination.

(2) The member shall, when required, attend upon that medical practitioner at the time and place notified to the member by the Speaker or that medical practitioner, provided such time and place is reasonable.

(3) In the event of the member being, in the opinion of any medical practitioner, unable or not in a fit state to attend on the medical practitioner named by the Speaker,' that fact shall be notified to the Speaker, and the medical practitioner so named shall fix a reasonable time and place for a personal examination of the member and shall send him notice accordingly.

(4) lf the member fails to submit himself for such examination, his right. to compensation shall be suspended until such examination has taken place, and if such failure extends for a period of 15 days from the date when the member was required to submit himself for examination under subsection (2) or subsection (3), as the case may be, no compensation shall be payable, unless the court is satisfied that there was reasonable cause for such failure.

(5) The member shall be entitled to have his own medical practitioner present at such examination, but at his own expense.

(6) Where the member is not attended by a medical practitioner he shall if so required by the Speaker, submit himself for treatment by a medical practitioner without expense to the member.

(7) If the member has failed to submit himself for treatment by a medical practitioner when, so under the;-provisions of subsection (6), or. having submitted himself for such treatment has disregarded the instructions of such medical practitioner, then if it is proved that such failure or disregard was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting incapacity shall be deemed to be of the same nature and duration as they might reasonably have been, expected to be if the member had submitted himself for treatment; by instructions of, such-medical practitioner, and compensation, if any, shall be payable accordingly.

(8) Notwithstanding the previous provisions of this section, where a claim for compensation is made in respect of the death of a member, then if the member failed to submit to examination by a medical practitioner when so required under the provisions of this section, or failed to submit himself for treatment by a medical practitioner when so required under the provisions of this section, or having submitted himself for such treatment disregarded the instructions of such medical practitioner, and if it is proved that such failure or disregard was unreasonable in the circumstances of the case and that the death of the member was caused thereby, the death shall not be deemed to have resulted from the injury and no compensation shall be payable in respect of the injury.

(9) The member shall, in addition to the compensation payable under sections 20 or 21, be entitled to a sum equal to the reasonable expenses incurred by him for medical or-surgical attendance in respect of his injury.

27. {1) If the Republic does not within 14 days after the receipt of the notice agree in writing with the member as to the amount of compensation to be paid, the .member may make an application for enforcing his claim to compensation to the court.

(2) All claims for compensation under this Act, unless determined by agreement,
and any matter arising out of proceedings thereunder, shall be determined by the court whatever may be the amount involved, and the court may, for that purpose, call upon any government officer or any independent medical practitioner to give evidence, if the court is of opinion that such officer or practitioner is, by virtue of his expert knowledge, able to assist the court.

28.(1) Save as is provided in this Act and any rules made thereunder, the court shall, upon or in connection with any question to be investigated or determined thereunder, have all the powers and jurisdictions exercisable by the High Court in or in connection with civil actions in such court and the law, rules and practice relating to such civil actions and to the enforcement of-judgments and orders of the court shall mutatis mutandis apply.

(2) Where in any proceedings under this Ordinance on a claim for compensation in respect of the death of a member, the court is satisfied that other or sufficient evidence as to the dependency on the deceased member of a person claiming to be a dependant, residing outside the district in which the proceedings are being taken, or as to the degree of such dependency, cannot be procured, or cannot be procured without undue hardship to the claimant by other party to the proceedings, a statement as to the dependency and as to the degree of dependency of the claimant signed by a magistrate of the district in which the claimant resides, whether within or outside Kiribati, shall be prima facie proof of the-facts stated therein; and the signature of a magistrate shall be admitted without proof unless the court shall have reason to doubt the genuineness thereof.

(3) If in such proceedings any evidence is adduced which in the opinion of the court traverses the facts set out in such a statement, or if for any other reason the court thinks fit, the court may request a magistrates' court having jurisdiction in the .district in which a person claiming to be a dependant resides-to investigate the fact of the dependency and the degree of dependency of such person; and the record of any such investigation including the finding of the court thereon shall be receivable as evidence in the proceedings, and a certificate signed by a magistrate shall be sufficient proof of such record and such signature shall be admitted without proof unless the court shall see reason to doubt the genuineness thereof.

29. (1) Subject to the provisions of this section and of section 14, an appeal shall lie to the Court of Appeal from an order of the court.

(2) No appeal shall lie in any case in which the parties have agreed to abide by the decision of the court or in which the order of the court gives effect to an agreement come to by the parties.

(3) No appeal shall lie after the expiration of 30 days from the date of the order of the court:

Provided that the Court of Appeal may, if it thinks fit, extend the time for appealing under this section notwithstanding that the time for appealing has elapsed.

30. Where the injury in respect of which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the Republic to pay damages in respect thereof, the member may take proceedings bath against that person to recover damages and where the Republic is liable to pay compensation under this Act, against the Republic for such compensation:

(i) if the member has recovered compensation under this Act before damages have been awarded in such proceedings, then the amount of such compensation shall be deducted from the damages to be so awarded;

(ii) if the Member has recovered damages in such proceedings before compensation under this Act has been paid, then, notwithstanding the provisions of this Act, the amount of such compensation shall be abated by the amount of damages so recovered.

31. (1) Where the injury was cause by the personal negligence Or wilful act of some person for whose act or default the Republic is responsible, nothing in this Act shall prevent proceedings to recover damages being instituted against the Republic in a civil court independently of this Act:

(a) if damages are awarded after compensation has been paid the amount of damages awarded in such proceedings shall take into account the compensation paid in respect o the same injury under this Act;

(b) a judgment against the Republic in such proceedings shall be a bar to proceedings under this Act in respect of the same injury at the suit of any person by whom or on whose behalf the proceedings against the Republic were token.

(2) If in proceedings independently of this Act or on appeal it is determined that the Republic is not liable under such proceedings, the court in which such proceedings-are taken or the appellate tribunal shall, if the plaintiff, so choose, proceed to determine- whether compensation under this Act is liable to be paid to the plaintiff and shall assess the amount of compensation so payable, but may deduct from such compensation any extra costs which in the opinion of the court or appellate tribunal have been incurred by the Republic by reason of the proceedings having been taken independently of this Act.

32. Compensation payable under this Act shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of law, nor shall any claim be set off against such compensation.

33. Subject to section 97 of the Constitution, the Chief Justice may make rules of
court for regulating proceedings before the court under this Act, and for the fees payable in respect thereof.

34. All compensation payable under this Part shall be charged on the Consolidated Fund as statutory expenditures.

	Percentage of incapacity
Loss of two limbs..............................................................	)
Loss of both feet...............................................................	...	)
Loss of both hands or-of all fingers and thumb............................	)
Total loss of sight..............................................................	)
Total paralysis..................................................................	) 100
Injuries resulting in being bedridden permanently........................	)
Any other injury causing permanent total disablement...................	)
Loss of remaining eye by one-eyed member...............................	....	)
Loss of remaining arm by one-armed member............................	)
Loss remaining leg by one-legged member.................................	)
Loss of arm at shoulder	90
Loss of one armed at shoulder.................................................	...	80
Loss or arm between elbow and shoulder..................................	70
Loss of arm at elbow..........................................................	65
Loss of arm between writ and elbow........................................	60
Loss of four fingers............................................................	...	60
Loss of thumb -
both phalanges................................................	35
one phalanx...................................................	....	12
the pulp of the thumb........................................	....	6
Loss index finger -
three phalanges...............................................	10
two-phalanges................................................	8
one phalanx...................................................	....	4
pulp of a index finger.......................................	2
Loss of middle figure.-
three phalanges...............................................	10
two phalanges................................................	8
one phalanx...................................................	....	4
pulp of a middle figure .....................................	2
Loss of ring figure -
three phalanges...............................................	10
two phalanges................................................	8
one phalanx...................................................	....	4
pulp of a ring figure .........................................
Loss of little finger
three phalanges...............................................	10
two phalanges................................................	8
one phalanx...................................................	.....	4
pulp of a middle figure .....................................	2
Loss of metacarpals -
first or second (additional)..................................	3
third, fourth or fifth (additional)...........................	2
Loss of leg above knee resulting in a stump less than 6 inches long...		90
Loss of leg above knee resulting in a stump less than 6 inches long...		70
Loss of leg below knee.......................................................	45
Loss of foot.....................................................................	40
Loss of toes -
all of one foot.................................................	15	8
great, both phalanges........................................	....
great, one phalanx............................................	4
Other than great, each part with some loss of bone......	1
Loss of eye -
eye out.........................................................	40
Loss of sight of eye............................................................	40
Loss of lens of eye.............................................................	30
Loss of sight of, except perception of light.................................	....	40
Loss of hearing -
both ear........................................................	70
one ear........................................................	30
Facial disfigurement -
Very severe...................................................		100
Severe.........................................................	40
Moderate......................................................	20
Minor...........................................................	5
Total loss of nature Permanent Teeth -
(1) Anterior Teeth
Loss of 1, 2 or 3 teeth........................................	....	4
Loss of 2, 5, 6 teeth..........................................	....	5
Loss of 7 to 12 teeth..........................................	6
(2) Posterior Teeth
Loss of 1 tooth...............................................	1
Loss of 2 to 5 teeth........................................	2
Loss of 6 to 16 teeth.........................................	4

The percentage of incapacity for anykylosis of any joint shall be reckoned as from 25 to 100 Per cent of the incapacity for loss of the part at that joint, according to whether the joint is anykylosed in a favourable or unfavourable position.

Where there is a loss of 2 or more parts of the hand, the percentage of incapacity shall not be more than for the whole hand.

Where there are two or more injuries, the sum of the percentages for such injuries may be increased; and where such injuries are to the hand, the following basis of computing the increase shall be adopted, namely -

(a) where,2 digits have been injured, the sum total of the percentages shall be increased by 20 per cent of such sum total;

(b) where 3 digits have been injured, the sum-total of the percentages shelf be increased by 30 per cent of such sum total,

A one-eyed member who on becoming a member, has failed to disclose the fact that he is one-eyed, to the Speaker, shall, if he losses his remaining eye, be entitled to compensation in respect of a degree of disablement of 40 percent only.

For the purpose of this Schedule a "One-eyed member" means a "member who has lost the sight of 1 eye," "

The printed impression has been carefully examined by me with the Bill which passed the Maneaba ni Maungatabu on the 25^th of November 1997 and is found by me to be a true and correct printed copy of the said Bill.

PUBLISHED BY EXHIBITION AT THE MANEABA NI MAUNGATABU THIS 30T DAY OF DECEMBER 1997

SALARIES AND ALLOWANCES OF MEMBERS OF MANEABA NI MAUNGATABU AND SALARIES TRIBUNAL (AMENDMENT ACT 1997

The purpose of this Act is to amend the Salaries Allowances -of Members of the Maneaba ni Maungatabu and Salaries Tribunal Act (Cap 92A) (Revised Edition 1996) to provide for a the definition of "official business", to allow for subsistence allowance to be paid to an Ministerial tours of their island constituencies and to provide for an accident compensation for members of the Maneaba ni Maungatabu.

Section 2 of the principal Act is amended by changing the definition of "official business"
so only business for which financial provision is previously made in an Appropriation Act or in cabinet has determined is-official business will constitute "official business" for the purposes of the principal Act

Section 6 of the principal Act amended to provide far subsistence allowance to be paid to ministers on ministerial tours during their stay on their island constituencies.

Part III is inserted to the Act to provide a compensation scheme for members who either die or incapacity as a result of an accident occurring in the course of official businesses.

Kiribati Sessional Legislation

Salaries and Allowances of Members of the Maneaba ni Maungatabu and Salaries Tribunal (Amendment) Act 1997