REPUBLIC OF VANUATU

PUBLIC SERVICE (AMENDMENT) ACT
No. 1 Of 2011

Arrangement of Sections
1	Amendment
2	Commencement

REPUBLIC OF VANUATU

Assent: 17/08/2012
Commencement: 23/08/2012

PUBLIC SERVICE (AMENDMENT) ACT
No. 1 Of 2011

An Act to amend the Public Service Act [CAP 246].

Be it enacted by the President and Parliament as follows-

1	Amendment

The Public Service Act [CAP 246] is amended as set out in the Schedule.

2	Commencement

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

SCHEDULE
AMENDMENTS OF the Public Service
Act [CAP 246]

1	After section 9

Insert

“9A	Meetings of the Commission

(1)	The Commission is to meet, at least twice a month, and hold such other meetings as are necessary for the proper performance of its functions at such time and place as the Chairman directs.
(2)	The Chairman is to chair the meetings of the Commission.
(3)	At a meeting of the Commission a quorum consists of 3 members who are present at the meeting.
(4)	A member of the Commission must, prior to a meeting of the Commission, notify the Chairman if by reason of illness, absence from Vanuatu temporarily or any other valid reason the member is unable to perform the duties of his or her office. 
(5)	A member present at the meeting has one vote and questions arising at a meeting of the Commission are to be decided by a majority of votes. If the voting is equal, the Chairman or the member presiding at the meeting has a casting vote.
(6)	Subject to this Act, the Commission may determine and regulate its own procedures.

9B	Resignation and removal of members

(1)	A member may resign from the Commission by giving 14 days notice in writing to the President.

(2)	The President after consultation with the Minister may remove a member if he or she is satisfied that the member:

(a)	has been absent from 3 consecutive meetings of the Commission without valid reason and without the consent of the Chairman; or
(b)	becomes bankrupt; or
(c)	is incapacitated by physical or mental illness; or 
(d)	has been convicted by a Court for a criminal offence that carries a sentence of 1 year or more; or 
(e)	has performed unsatisfactorily or ineffectively for a significant period of time.”

2	After section 17

Insert

“17A	Appointment of a director-general

(1)	The Minister on the recommendation of the Commission, is to appoint a person to be a director-general under a contract of employment for a period of 4 years and the person may be reappointed only once.

(2)	The remuneration and allowances of a director-general is to be determined by the Minister after consultation with the Commission.

(3)	The terms and conditions of appointment of a director-general are to be set out in the contract made between the Minister and the director-general.

17B	Procedure for making a recommendation

The Commission must, prior to making a recommendation under subsection 17A(1), abide by the following procedure:

(a)	advertise the position in a newspaper or other form of media with a wide circulation in Vanuatu; and

(b)	ensure the advertisement allows an applicant a minimum of 2 weeks in which to make an application; and

(c)	provide an address as to where to send the application; and

(d)	convene a panel of 3 independent persons to interview and require the panel, having regard to section 15 (imposing a duty to act as a good employer), to recommend a short list of the most competent and suitable applicants; and

(e)	make the recommendation to the Minister from the short list.

17C	Grounds for termination of appointment of a director-general

A director-general may be terminated by the Minister on any of the following grounds:

(a)	serious misconduct as defined in the Staff Manual; or

(b)	on account of physical or mental incapacity to carry out his or her official duties efficiently; or

(c)	incompetence as shown in the performance appraisal carried out by the Commission; or

(d)	neglect of duty; or

(e)	bankruptcy; or

(f)	becomes a member of Parliament, Local Government Council, National Council of Chiefs, Municipal Council, or a member of the Public Service Commission, Police Service Commission or Teaching Service Commission.”

3	Sections 18 (heading)

Delete “directors-general and”

4	Subsections 18(1), 18(2)

Delete “director-general or” (wherever occurring in these subsections)

5	Subsection 26(1)

Delete ”director-general,”

6	Subsection 29B(2), (3) and (4)

Repeal the subsections, insert

“(2)	An employee who is found to have used a Government vehicle without appropriate authority is to have VT10,000 deducted (by lump sum) from his or her remuneration.

(3)	An employee’s remuneration may be reimbursed if he or she can later prove to the satisfaction of the Commission that he or she had the appropriate authority to use the Government vehicle.

(4)	A person who is found to have used a Government vehicle without appropriate authority on 3 occasions, is deemed to have committed a serious misconduct and may be dismissed by the Commission under section 29.”

7	Subsection 32(1)

Repeal the subsection, substitute

“(1)	An employee must not:

(a)	accept or continue to hold or perform the duties of any other paid work outside the Public Service; or

(b)	engage, whether as principal or agent of a company; or 

(c)	be employed in any other paid occupation outside the Public Service, 

without the prior written authorisation of the Commission.

(1A)	The Commission must not make an authorisation under subsection (1) if it is of the opinion that the employee’s employment outside the Public Service would be incompatible or in conflict with the due and proper performance of his or her duties as an employee of the Public Service.”

8	After section 32

Insert 

“32A	Secondments

(1)	A director or a senior officer of a Ministry or Department may be seconded by the Commission on the recommendation of the director-general to another Ministry, Department, State Agency, Overseas Mission, or Regional or International Organisation.

(2)	A recommendation by the director-general under subsection (1) must be made based on merit.

(3)	A secondment must not exceed 3 years and may be renewed only once.

(4)	The Commission is to cease remuneration of an employee on secondment under this section until the period of the secondment expires.

(5)	Upon the completion of a secondment, the employee is to retain his or her original status in the Public Service and may be posted by the Commission to a position of equivalent rank or status.

32B	Secondment to State Agencies and political positions

(1)	A director or a senior officer of a Ministry or Department may be seconded by the Commission on the request of the Minister to a specific position in a State Agency, or as a political advisor to any Ministry.

(2)	A secondment under this section must not exceed 4 years and is not to be renewed.

(3)	The Commission is to cease the remuneration of an employee on secondment under this section until the period of the secondment expires.

(4)	Upon the completion of a secondment, the employee is to retain his or her original status in the Public Service and may be posted by the Commission to a position of equivalent rank or status.” 

9	Subsection 37(8)

Delete “and may be represented and assisted by an advocate or any other person”

10	Subsections 38(1) and (2)

Delete “of the Board” (wherever occurring in these subsections), substitute “made under subsection 37(12)”

11	Subsection 38(1A)

Repeal the subsection, substitute 

“(1A)	A person not satisfied with a decision made under subsection 37(12), may within 14 days after receiving a notice, appeal the decision.”

12	After paragraph 44(1)(b)

Insert

“(ba)	the procedure for assisting the Minister in making an appointment under section 17A;
(bb)	the procedure for paid employment outside the Public Service;
(bc)	the procedure for secondments made under sections 32A and 32B;
(bd)	the procedure for complaints;”

13	Subsection 47(1)

Delete “An”, substitute “A member of the public, an”

14	After section 50

Insert

“50A	Transitional provision for director-general

(1)	This section applies to any person who was employed as a director-general immediately before the commencement of this Act. 

(2)	A person who occupied the position of director-general before the commencement of this Act is to continue to be employed as a director-general for a period of 3 months commencing from the date on which this Act comes into force.

(3)	A director-general’s employment is deemed to be terminated by the Public Service Commission on the expiry of the period provided under subsection (2).

(4)	A director-general, as a result of the termination under this section, is to be paid by the Commission on the expiry of the period provided under subsection (2), any severance or redundancy payments or other entitlements to which he or she is entitled to under this Act or any other Act.”