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Police (Amendment) Act 1991

Commencement: 15 July 1991

REPUBLIC OF VANUATU

THE POLICE (AMENDMENT) ACT
No. 1 OF 1991

Arrangement of Sections

1. Amendment of section 1 of Chapter 105.
2. Amendment of section 9.
3. Insertion of new section 32A.
4. Amendment of section 82.
5. Commencement.

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REPUBLIC OF VANUATU

THE POLICE (AMENDMENT) ACT
No. 1 OF 1991

Assent: 26.04.91
Commencement: 15.07.91

An Act to amend the Police Act [CAP. 105].

BE IT ENACTED by the President and Parliament as follows;-

AMENDMENT OF SECTION 1 OF CHAPTER 105

1. Section 1 of the Police Act [CAP. 105] in this Act referred to as the "principal Act" is amended by inserting before the definition of "Commissioner" the following definition:-

"Commission" means the Police Service Commission established under section 9(1);".

AMENDMENT OF SECTION 9

2. Section 9 of the principal Act is repealed and the following section is substituted:-

"ESTABLISHMENT OF THE POLICE SERVICE COMMISSION

9. (1) There shall be established a Police Service Commission.

(2) The Commission shall consist of a Chairman and four other members appointed by the President, acting on and in accordance with the advice of the Prime Minister after consultation with the Council of Ministers and shall be composed as follows:-

(a) a person nominated by the Prime Minister, member;

(b) a person nominated by the Minister for the time being responsible for the Police Force, member;

(c) a person nominated by the Minister for the time being responsible for Justice, member;

(d) a person nominated by the Chief Justice, member; and

(e) a person nominated by the Public Service Commission member.

(3) The Prime Minister shall after consultation with the Council of Ministers, appoint the Chairman from amongst the members appointed under subsection (2).

(4) A person shall be disqualified for appointment as a member of the commission-

(a) if he is a member of Parliament;

(b) if he is a member of the National Council of Chiefs;

(c) if he is a member of a local Government Council;

(d) if he is a member of a Municipal Council;

(e) if he exercises a position of responsibility within a political party;

(f) if he is a member of the Force; or

(g) if he has been convicted of a criminal offence and was sentenced to a term of imprisonment, including a suspended sentence.

(5) A person shall cease to be a member of the Commission if circumstances arise that, if he were not a member, would disqualify him for appointment as such.

(6) Subject to subsection (7), the term of office of any member of the Commission, including the Chairman, shall be four years.

(7) A member of the Commission shall hold office for the period of his appointment unless he is removed from, or otherwise vacates, office earlier.

(8) A member of the Commission may resign his office by giving one month notice in writing of his intention to resign, to the Prime Minister.

(9) The Chairman of the Commission shall be the chief executive officer of the Commission on a full time basis.

(10) The members of the Commission shall, from amongst their number, elect the Vice-Chairman of the Commission who in the absence of the Chairman shall preside at the meetings of the Commission.

(11) Subject to this Act, the commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

(12) The quorum for any meeting of the Commission shall be three members one of whom shall be the Chairman or in his absence the Vice-Chairman.

(13) The Prime Minister may, by Order, provide for the remuneration and other terms and conditions of the members of the Commission, including the Chairman, as he considers necessary."

INSERTION OF NEW SECTION 32A

3. The following new section is inserted after section 32 of the principal Act -

"COMPENSATION, ETC, FOR INJURY, DEATH, ETC.

32A (1) 1f any member is temporarily incapacitated by reason of any wound or injury or sickness contracted by him in the performance of any duty or training by him under this Act and such wound or injury is received or such sickness is contracted in the actual discharge of his duty as a member and without his own default, he shall be eligible to receive free medical treatment therefor and full pay for the period of such incapacity.

(2) If any member receives any permanent disablement attributable to any wound or injury received or sickness contracted by him in the circumstances referred to in subsection (1), the Minister may, after consultation with the Minister responsible for finance, pay gratuity to such member at such rates as shall be prescribed.

(3) If any member is killed or dies as a result of any wound or injury received or sickness contracted by him in the circumstances referred to in subsection (1), the Minister, after consultation with the Minister responsible for finance, grant to the dependants of such member such pension or allowance at such rates as shall be prescribed.

(4) If the property of any member is damaged during the performance of any duty or training by him under this Act, such property being damaged without his default and on account or circumstances specifically attributable to the nature of his duties as a member, the Minister, after consultation with the Minister responsible for finance, award such member such compensation at such rates as shall be prescribed.

(5) The Minister shall not award to any member or to the dependants of any member any gratuity, allowance, pension or compensation under subsections (2), (3) or (4) if such member or such dependants is or are eligible to receive a gratuity, allowance, pension or compensation in respect of the same disablement, death or damage under any other law in force at the time.

(6) A gratuity, pension, allowance or compensation paid under this section shall not be assignable or transferable nor liable to be attached, sequestered or levied upon except for the purpose of satisfying -

(a) a debt due to the Government; or

(b) an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child of the person to whom the pension, gratuity or other allowance has been granted."

AMENDMENT OF SECTION 82

4. Section 82 of the principal Act is amended by inserting after paragraph (c) the following new paragraph:-

"(ca) the rates of and eligibility of members and other persons to, compensation, pension or gratuity under section 32A."

COMMENCEMENT

5. This Act shall come into force on the day of its publication in the Gazette.

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