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Public Service (Amendment) Act 2001

Assent: 30 December 2001
Commencement: 11 February 2002

REPUBLIC OF VANUATU

PUBLIC SERVICE (AMENDMENT) ACT
NO. 8 OF 2001

Arrangement of Sections

1. Amendments
2. Commencement
   

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REPUBLIC OF VANUATU

Assent: 30/12/2001
Commencement: 11/02/2002

PUBLIC SERVICE (AMENDMENT) ACT
NO. 8 OF 2001

An act to amend the Public Service Act No. 11 of 1998

Be it enacted by the President and Parliament as follows-

1. Amendments

The Public Service Act No. 11 of 1998 Act is amended as set out in the Schedule.

2. Commencement

This Act commences on the date on which it is published in the Gazette.

SCHEDULE

AMENDMENTS OF THE
PUBLIC SERVICE ACT NO. 11 OF 1998

1. Section 5 (definition of Employee)
   

Repeal the definition, substitute

“employee means a person employed in the Public Service on a permanent basis.”

2. Subsection 29 (1)
   

Delete “and subject to that employee having the right to have that decision reviewed in accordance with section 38”.

3. After subsection 29(1)
   

Insert

“(1A) If the Commission dismisses an employee under subsection (1), the matter is not to be referred to the Board for hearing and determination under section 37.”

4. After subsection 30 (2)
   

Insert

“(2A) To avoid doubt, a temporary salaried employee is not a person employed in the Public Service on a permanent basis.”.

5. Subsection 37(1)
   

Delete “all”, substitute “, subject to subsections 29(1A) and 26(2),”.

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REPUBLIC OF VANUATU

BILL FOR THE
PUBLIC SERVICE (AMENDMENT) ACT
NO. 8 OF 2001

Explanatory Note

The Bill amends the Public Service Act 1998 to clarify the status of various classes of workers employed in the Public Service of the Republic of Vanuatu. This involves amendment of section 5 of the Principal Act to properly reflect the original intention of the Parliament. The Principal Act is further amended to clarify the power of the Public Service Commission to immediately dismiss workers in cases of serious misconduct without the need for the matter to proceed to a disciplinary Board hearing. This involves amendment of section 29 and 37.

This Act commences on the day on which it is published in the Gazette.

Prime Minister

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