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Government Act 1998

Commencement: 24 August 1998


REPUBLIC OF VANUATU


GOVERNMENT ACT
NO. 5 OF 1998


Arrangement of sections


PART I - PRELIMINARY


1. Purpose
2. Constitution
3. Interpretation


PART II - THE EXECUTIVE


4. Prime Minister
5. Leadership role of Prime Minister
6. Council of Ministers
7. Minutes and decisions of Council
8. Committees of Council
9. Ministries and the Public Service


PART III - SUPPORT TO COUNCIL OF MINISTERS


10. Secretary to Council
11. Functions of Secretary
12. Developmental Committee of Officials
13. Members of Developmental Committee of Officials
14. Functions of Developmental Committee of Officials
15. Attorney General and Director-General of Finance


PART IV - POLITICAL ADVISORS


16. Political advisors
17. Number of political advisors
18. Role of political advisors


PART V - BREACHES OF THE ACT


19. Offences and penalties
20. Conduct of proceedings


PART VI - COUNCIL COMMITTEE ON POLITICAL ADVISORS


21. Council Committee on political advisors
22. Further responsibilities of Committee


PART VII - MISCELLANEOUS


23. Responsible minister
24. Regulations
25. Commencement


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REPUBLIC OF VANUATU


GOVERNMENT ACT
NO. 5 OF 1998


Assent: 16/07/98
Commencement: 24/08/98


An Act to provide for the role, effective management, and responsibilities of the Executive Government.


BE IT ENACTED by the President and Parliament as follows:


PART I
PRELIMINARY


PURPOSE


  1. The purpose of this Act is to give effect to Chapter 7 of the Constitution by providing for the:

(a) efficient and effective management; and


(b) arrangement; and


(c) function of the Executive; and


(d) the employment, function and responsibilities of political advisors.


CONSTITUTION


  1. (1) Chapter 7 of the Constitution provides for the structure, role, and responsibilities of the Executive.

(2) The provisions of this Act are in addition to those contained in the Constitution.


(3) If this Act or any provision of this Act conflicts with the Constitution, then the Constitution will prevail.


INTERPRETATION


3. In this Act, unless the context otherwise requires:


"benefit" means:


(a) a benefit derived by a person;


(b) a benefit derived directly or indirectly by another person at the request or direction of the first person; and


(c) a service, advantage or gift;


"Council" means the Council of Ministers referred to in Article 40 of the Constitution;


"Comprehensive Reform Programme" or "CRP" means the reform programme for the Republic of Vanuatu directed at the:


(a) revival of institutions of governance;


(b) redefinition of the function of the Public Service and improvement of efficiency within the public sector;


(c) encouragement of growth within the private sector; and


(d) equitable distribution of benefits of the programme to the people of Vanuatu;


"Ministerial Office" means an office of a minister of Council that has money appropriated to it by Parliament it for the purpose of its expenditure;


"Ministry" or "Department" means a Government ministry or department of the Republic of Vanuatu;


"Political advisor" means a person or persons employed on the personal staff of a minister to provide political advice;


"Public Service" means the persons employed in the ministries, departments, State appointed offices, agencies and instruments of the Executive Government of Vanuatu as may be designated by the Prime Minister under section 9;


"relevant minister" means the minister of Council to whom a political advisor is employed to assist;


"Secretary" means the Secretary to Council appointed under section 10.


PART II
THE EXECUTIVE


PRIME MINISTER


  1. (1) The Prime Minister is the principal minister of the Council and responsible for the appointment from amongst the members of Parliament of other ministers to the Council and, may appoint a Deputy Prime Minister from within the Council.

(2) The executive power of the people of t Republic of Vanuatu shall be vested in the Prime Minister and the Council and shall be exercised as provided for by the Constitution and by any other enactment not inconsistent with the Constitution.


(3) The Prime Minister may by written instrument specify the functions, duties and responsibilities of each minister.


LEADERSHIP ROLE OF PRIME MINISTER


5. The Prime Minister will have principal responsibility for:


(a) strategic policy, planning and significant administrative decisions;


(b) coordinating the activities of Government;


(c) determining the fundamental direction of foreign policy;


(d) ensuring observance of the rule of law in public affairs;


(e) overseeing the implementation of Government policy beginning with the implementation of the CRP;


(f) reviewing the machinery and structure of Government; and

(g) tendering advice to the President.

COUNCIL OF MINISTERS


  1. (1) The Council shall be the paramount institution of the Executive responsible for the exercise of executive power subject to the Constitution and any other enactment not inconsistent with the Constitution.

(2) The collective responsibility of the Council is to assist in:


(a) the strategic policy planning of significant matters affecting Vanuatu;


(b) the co-ordination of the activities of Government;


(c) making significant administrative decisions;


(d) ensuring observance of the rule of law in public affairs; and


(e) implementing Government policy beginning with the implementation of the CRP.


(3) Each minister shall assume and be responsible for:


(a) the functions imposed on him or her by the Prime Minister under section 4(4); and


(b) the effective and efficient management of any ministry, department, State appointed office, agency, instrument, authority or corporation under his or her direction.


MINUTES AND DECISIONS OF COUNCIL


  1. (1) The Secretary to Council must keep a written record of each Council meeting.

(2) Decisions of the Council shall be recorded in writing and a copy provided to each minister and every ministry, department, State appointed office, agency, instrument, authority or corporation of Government affected by or charged with the responsibility of implementing a decision.


(3) The minutes and decisions of Council may be archived after every 3 years or sooner if there is a change in Government.


(4) After a change in Government the minutes of the Council before the change shall be archived and will not be made available to the members appointed to the Council after the change unless the composition of the first mentioned Council is substantially the same as the second mentioned Council.


COMMITTEES OF COUNCIL


  1. (1) The Council may refer any matter before it to a committee of the Council comprising such members of The Council that the Council may determine.

(2) It shall be the function of any committee of the Council to:


(a) Gather all available information relevant to the matter before the committee; and


(b) identify issues of policy that should be brought to the attention of the Council; and


(c) formulate recommendations and report to the Council.


MINISTRIES AND THE PUBLIC SERVICE


  1. (1) The Prime Minister may, by notice published in the Gazette, designate ministries, departments, State appointed offices, agencies, instruments, authorities and corporations as being within the Public Service in which event every person employed therein shall from the date of the publication of the notice be employed as a member of the Public Service.

(2) The Prime Minister may by written instrument direct what functions a ministry shall be responsible for and move from time to time assign to, or withdraw functions from, a ministry.


(3) A minister may, after consultation with he Prime Minister, assign, by written instrument, functions to a ministry for which he or she is responsible.


(4) A minister (including the Prime Minister) must not:


(a) interfere or attempt to interfere iii Public Service employment issues; or


(b) interfere or attempt to interfere in employment issues relating the Teaching Service Commission, Judicial Service Commission, and Police Service Commission.


PART III
SUPPORT TO COUNCIL OF MINISTERS


SECRETARY TO COUNCIL


  1. (1) There shall be appointed from the Public Service a secretary to the Council.

(2) The secretary will be appointed by the Public Service Commission in accordance with the Public Service Act.


(3) The secretary must not disclose any business or general matters of the Council to any third party without the express authority of the Prime Minister or in his or her absence, the minister responsible for the Prime Minister's duties.


(4) The secretary is to be responsible for Council minutes and decisions in accordance with section 7 and must maintain a register of Council minutes and decisions.


FUNCTIONS OF SECRETARY


11. The functions of the secretary will include:


(a) attending Council meetings;


(b) responsibility for ensuring the effective and efficient administration of the business of the Council;


(c) the provision and co-ordination of administrative assistance to the Council;


(d) co-ordination of submissions made to Council; and


(e) complying with the provisions of this Act or any other enactment.


DEVELOPMENTAL COMMITTEE OF OFFICIALS


  1. There is established an advisory committee to the Council to be called the Developmental Committee of Officials (DCO).

DEVELOPMENTAL COMMITTEE OF OFFICIALS


13. (1) The members of the DCO will be:


(a) the Director-General of the Prime Ministers office who shall be chairperson;


(b) the Director-General of the Ministry of Finance and Economic Management;


(c) the Attorney-General;


(d) the Chairman of the Public Service Commission;


(e) every other director-general of a ministry;


(f) the Director of the Department of Strategic Management who is to be secretary to the DCO; and


(g) the Secretary to Council who shall provide secretarial support, and be the liaison person between Council and the DCO.


(2) A member of the DCO includes an employee or officer who performs the functions, powers or duties of that member during any vacancy in that member's office or during the absence or incapacity of the holder of that office.


FUNCTIONS OF DEVELOPMENTAL COMMITTEE OF OFFICIALS


14. The functions of the DCO shall include:


(a) advising Council on Council submissions;


(b) advising Council on issues submitted to Council; and


(c) improving standards and procedures to be used in preparing Council submissions, and to ensure that submissions and papers put before Council are of the highest quality, are factually correct and have been property coordinated between interested parties.


ATTORNEY GENERAL AND DIRECTOR-GENERAL OF FINANCE


  1. (1) Where applicable Council must not consider a submission unless it has been approved by:

(a) the Attorney-General as to the legal aspects; and


(b) the Director-General of the Ministry of Finance and Economic Management as to the financial implications of each submission and its conformity with the principles of responsible fiscal management.


(2) The Attorney-General and Director-General include an employee or officer who performs the functions powers or duties during any vacancy in, absence from or incapacity of, the holder of either office.


PART IV
POLITICAL ADVISORS


POLITICAL ADVISORS


16. A political advisor must:


(a) subject to section 21(3), be appointed by the relevant minister;


(b) not be, or will cease on appointment to be, a member of the Public Service;


(c) not receive a greater total remuneration, including benefits, than a director-general of a ministry;


(d) have his or her employment terminated in accordance with his or her employment contract;


(e) not direct or attempt to direct the director-general or his or her staff in the administration of a ministry other than to convey a general direction of the relevant minister relating to the implementation of Government policy; or


(f) not interfere or attempt to interfere in Public Service employment issues including appointments and terminations; or


(g) not interfere or attempt to interfere in employment issues relating to the Teaching Service Commission, Judicial Service Commission and Police Service Commission including appointments and terminations; or


(h) not interfere or inhibit or attempt to interfere or inhibit a director-general, director or his or her staff or any other person entitled to do so from living policy advice to a minister; or


(i) not prevent or attempt to prevent a director-general, director or his or her staff or any other person entitled to do so from providing information communicating with a minister about matters pertaining to the operations of his or her ministry.


NUMBER OF POLITICAL ADVISORS


  1. The Committee of the Council referred to in section 21 shall determine the number of political advisors to be appointed to advise the Prime Minister and each minister and in the case of the Prime Minister and Deputy Prime Minister shall be no more than 4 and in the case of a minister shall be no more than 3.

ROLE OF POLITICAL ADVISORS


  1. The role of a political advisor is to provide political advice and assistance to his or her minister, and to act as a liaison on that minister's behalf.

PART V

BREACHES OF THE ACT


OFFENCES AND PENALTIES


  1. (1) A minister who contravenes section 9(4) commits an offence against the Leadership Code and is liable to be dealt with under that Code accordingly.

(2) A political advisor who contravenes section 16(e), (f), (g), (h) and (i) commits an offence against the Leadership Code and is liable to be dealt with under that Code accordingly.


(3) A Secretary to Council who contravenes section 10(3) commits an offence and is liable on conviction to a fine not exceeding VT200,000, and must be dismissed from office if the Court considers the offence a serious one.


CONDUCT OF PROCEEDINGS


  1. Proceedings against a minister for a breach of section 9(4) or a political advisor for a breach of section 16(d), (0, (g), (h) and (i) or Secretary to Council under section 10(3) are to be conducted in the same manner as any other criminal proceedings.

PART VI
COUNCIL COMMITTEE ON POLITICAL ADVISORS


COUNCIL COMMITTEE ON POLITICAL ADVISORS


  1. (1) Council will convene a committee of the Council comprising not less than 5 members for the purposes of determining the qualifications necessary to hold a position of political advisor in each particular area, and to determine the terms and conditions of employment of political advisors generally.

(2) The Committee must ensure that the candidate:


(a) has the necessary qualifications or the position; and


(b) is suitable for the position; and


(c) is of good character; and


(d) will attend work and carry out is or her appointed functions; and


(e) is appointed in accordance with the general terms and conditions for the employment of political advisors established by the Committee.


(3) A minister must not appoint a political a( visor until the Committee has approved the candidate in accordance wit -i subsection (2).


(4) The Committee must have a quorum of not less than 3 members.


(5) The Committee will be chaired by the Prime Minister or a minister appointed by him.


(6) The Chairperson must give to each member of the Committee not less than 7 days notice in writing of the date, time and venue of a meeting of the Committee.


(7) The notice must provide an agenda for the meeting including the name of any candidate for the position of a political advisor.


FURTHER RESPONSIBILITIES OF COMMITTEE


22. (1) The Committee on political advisors will also:


(a) determine the structure and budget of each ministerial office; and


(b) specify the number of support staff to be employed; and


(c) ensure that the terms and conditions of employment of political advisors are recorded in a written contract of employment at the time of appointment.


(2) The support staff (other than political advisors) shall be appointed by the Public Service Commission under tie Public Service Act 1998.


PART VII
MISCELLANEOUS


RESPONSIBLE MINISTER


  1. Where two or more ministers are responsible for different functions within a ministry, and this Act or any other Act refers to one minister then the minister that the Prime Minister appoints to be responsible for the function will be the minister so responsible for that function.

REGULATIONS


  1. The Prime Minister may from time to time by order make all such regulations as may be necessary or expedient for giving full effect to ,the provisions of this Act and for the due administration thereof.

COMMENCEMENT


25. This Act shall commence on the date that it is published in the Gazette.


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