REPUBLIC OF NAURU
PUBLIC SERVICE (AMENDMENT) ACT 2019
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No. 1 of 2019
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An Act to amend the Public Service Act 2016 
Certified: 22nd March 2019

Table of Contents

1	Short title
2	Commencement
3	Amendment of the Public Service Act 2016
4	Amendment of section 4
5	Amendment of section 31
6	Amendment of section 62
7	Amendment of section 84
8	Repeal of section 84A
9	Repeal of section 84B

Enacted by the Parliament of Nauru as follows:
1	Short title
This Act may be cited as the Public Service (Amendment) Act 2019.
2	Commencement
This Act commences upon certification by the Speaker.	
3	Amendment of the Public Service Act 2016
The Public Service Act 2016 is amended by the provisions of this Act.
4	Amendment of section 4
Section 4 is amended by:
(a)	deleting the following words and their definitions:
‘adopted child’, see section 3 of the Adoption of Children Act 1965;
‘family member’, of a public service employee, means: (a) the employee’s parent, spouse, child or stepchild; or (b) a member of the employee’s household;
(b)	deleting and substituting the definition of ‘Regulations’ as follows:

‘Regulations’ means Regulations made under this Act;

(c)	deleting ‘Division 7’ where it appears and substituting with ‘Division 6’ in the definition of ‘termination entitlement’; 
5	Amendment of section 31
Section 31 is amended by inserting the words ‘do not’ before the word ‘apply’ where it appears. 
6	Amendment of section 62

Section 62(2) is amended by deleting the words ‘must be appointed to’ and substituting with the words ‘shall resume at’. 

7	Amendment of section 84 

Section 84 is repealed and replaced as follows:

‘84 	Election candidates – resignation and reemployment 

‘(1) 	An employee who intends to submit a nomination as a candidate in the general elections must resign 3 months before submitting his or her nomination. 
(2)	An employee who intends to submit a nomination as a candidate in a by-election shall resign within 5 days from the date the writ of elections is published under section 56 of the Electoral Act 2016. 

(3)	An employee who intends to submit a nomination as a candidate in an election held as a consequence of earlier dissolution of Parliament than its full term of three years under Article 41(7) of the Constitution shall resign within 5 days from the date the writ of elections is published under section 56 of the Electoral Act 2016. 

(4)	A person who resigned under subsection (1), (2) or (3) is eligible to be re-employed in the public service where such person:

(a) 	was a candidate at that election; and 

(b) 	failed to be elected at that election; and 

(c)	within 2 months of the declaration of the result of that election, applied in writing to the Chief Secretary for re-employment in the public service.’

(5)	For the purposes of this section, ‘employee’ includes public service employees, contract employees, temporary employees and heads of departments.

8	Repeal of section 84A 
Section 84A is hereby repealed. 
9	Repeal of section 84B 
Section 84B is hereby repealed.