CONSTITUTION AMENDMENT ACT 1997

CHAPTER 10
STATE SERVICES

    Recruitment and promotion policy

  1. The recruitment of persons to a state service, the promotion of persons within a state service and the management of a state service must be based on the following principles:
    1. government policies should be carried out effectively and efficiently and with due economy;
    2. appointments and promotions should be on the basis of merit;
    3. men and women equally, and the members of all ethnic groups, should have adequate and equal opportunities for training and advancement;
    4. the composition of the state service at all levels should reflect as closely as possible the ethnic composition of the population, taking account, when appropriate, of occupational preferences.

    Public officeholders must be citizens

  2. A person or authority exercising power to appoint a person to a public office (other than the office of judge) must not appoint a person who is not a citizen except with the agreement of the Prime Minister.

    Independent service commissions

  3. This section:
    1. establishes a Constitutional Offices Commission;
    2. continues in existence the Public Service Commission established under the Constitution of 1990; and
    3. continues in existence, under the name of the Disciplined Services Commission, the Police Service Commission established under the Constitution of 1990.

    Appointments to independent service commissions

    1. The Constitutional Offices Commission consists of:
      1. a chairperson; and
      2. 2 other members;
      appointed by the President.

    2. The Public Service Commission consists of:
      1. a chairperson; and
      2. not less than 3 nor more than 5 other members;
      appointed by the President.

    3. The Disciplined Services Commission consists of:
      1. a chairperson; and
      2. 2 other members;
      appointed by the President.

    4. Appointments must be made on the nomination of the Minister and each nomination must be approved by the appropriate sector standing committee of the House of Representatives before the Minister submits the nomination to the President.

    5. The sector standing committee may confirm or reject a nomination made by the Minister.

    6. If a nomination is rejected by the sector standing committee, the Minister may make a fresh nomination.

    Vacancies in office

    1. If the office of chairperson of an independent service commission is vacant or the chairperson is absent from duty or from Fiji, the remaining members may elect one of their number to preside at meetings of the commission.

    2. The President may, on the advice of the Prime Minister following consultation by the Prime Minister with the Leader of the Opposition, appoint an acting member of an independent service commission to act as a member during any period, or during all periods, when the member is absent from duty or from Fiji or is, for any other reason, unable to perform the functions of office.

    Disqualification for appointment

    1. A person must not be appointed as a member of an independent service commission if he or she is, or has at any time during the immediately preceding 3 years been:
      1. a member of either House of the Parliament or a member of a local authority or of another representative body prescribed by the Parliament for the purposes of this section;
      2. a candidate for election as a member of the House of Representatives, a local authority or of another representative body prescribed by the Parliament for the purposes of this section;
      3. a national office bearer in a political party that promotes, or has during that 3 years promoted, the election to the House of Representatives of a candidate endorsed by the party;
      4. the holder of a public office (other than an office of member of a commission); or
      5. a local government officer.

    2. Subject to subsection (3), a person who is a member of one independent service commission must not be appointed to another independent service commission.
    3. The chairperson of the Public Service Commission may also be appointed as chairperson or other member of the Constitutional Offices Commission.
    4. A member of an independent service commission is ineligible to be appointed to a state service for 3 years after ceasing to be such a member.

    Functions of Constitutional Offices Commission

    1. The Constitutional Offices Commission has the function of making appointments, in accordance with this Constitution, to the following offices:
      1. Supervisor of Elections;
      2. Ombudsman;
      3. Auditor-General;
      4. Director of Public Prosecutions;
      5. Secretary-General to Parliament;
      6. Commissioner of Police;
      7. Governor of the Reserve Bank of Fiji.

    2. Before making an appointment to the office of Governor of the Reserve Bank of Fiji, the Constitutional Offices Commission must consult the Minister and the Board of the Reserve Bank.

    3. The office of Governor of the Reserve Bank of Fiji is not a public office.

    Functions of Public Service Commission

    1. The Public Service Commission has the following functions:
      1. to make appointments to public offices;
      2. to remove persons from public offices;
      3. to take disciplinary action against holders of public offices.

    2. The functions of the Public Service Commission do not extend to:
      1. an office of judge;
      2. an office that is the responsibility of the Constitutional Offices Commission, Disciplined Services Commission, Judicial Service Commission or a body prescribed by the Parliament;
      3. an office in the Republic of Fiji Military Forces;
      4. an office in respect of which this Constitution makes provision (other than the offices of Secretary to the House of Representatives and Secretary to the Senate); or
      5. an office or class of office prescribed for the purposes of this paragraph by regulations made by the Public Service Commission, with the agreement of the Minister, as an office or class of office to which subsection (1) does not apply.

    3. Regulations made under paragraph (2)(e) must be laid before the House of Representatives within 2 sitting days after they are made.

    4. If:
      1. notice of a motion to disallow the regulations is given in the House within 2 sitting days of the House after the regulations were laid before it; and
      2. within 2 sitting days of the House after the giving of that notice, the House passes a resolution, in pursuance of the motion, disallowing the regulations;
      the regulations so disallowed cease to have effect.

    5. If:
      1. notice of a motion to disallow regulations made under paragraph (2)(e) is given in the House within 2 sitting days of the House after the regulations were laid before it; and
      2. at the end of 2 sitting days of the House after the giving of that notice:
        1. it has not been withdrawn or the motion has not been called on; or
        2. the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
        the regulations are thereupon taken to have been disallowed and cease at that time to have effect.

    Public Service Commission must consult or get agreement in certain cases

  9. Before exercising a power set out in a paragraph or clause of column 1, the Public Service Commission must take the step set out in column 2 opposite to that paragraph or clause.

Column 1

Column 2
  1. Appointment of a person to, removal of a person from, or the taking of disciplinary action against the holder of:
  1. an office under the control of the President;

  2. the office of the Secretary to the House of Representatives or an office under his or her control;

  3. the office of Secretary to the Senate or an office under his or her control;

  4. an office under the control of the Ombudsman or the Auditor-General.

 

 

Get the agreement of the President.

 

Get the agreement of the Speaker of the House of Representatives.

 

Get the agreement of the President of the Senate.

Get the agreement of the Ombudsman or the Auditor-General or the case may be.

 
  1. Appointment of a person to be a Secretary of a department or the secretary to the Cabinet.

Get the agreement of the Prime Minister
  1. Appointment of a person to be an agricultural tribunal (other than the Central Agricultural Tribunal) under the Agricultural Landlord and Tenant Act.

Consult the Prime Minister and the Leader of the Opposition.

    Appointment of ambassadors, etc.
    1. The President may, on the advice of the Prime Minister, make appointments to offices of ambassador, or of other principal representative, of Fiji to another country or an international organisation.

    2. The President may, on the advice of the Prime Minister, remove a person from an office referred to in subsection (1).

    3. The Prime Minister must consult the Public Service Commission in relation to the appointment to an office referred to in subsection (1) of a person who is a member of a state service.

    4. Nothing in subsection (2) permits the President to remove from a state service a person who was, immediately before his or her appointment under subsection (1), the holder of a public office.

    5. The Parliament may make laws relating to:
      1. the pension entitlements of a person referred to in subsection (4); and
      2. the making by the Prime Minister, or by another Minister specified by the Prime Minister, of appointments by way of transfer to:
        1. certain offices in the department responsible for the foreign affairs of Fiji; and
        2. specified public offices the holders of which are required to live outside Fiji in order to properly discharge their duties.

    Public Service Commission may delegate

  2. Subject to conditions prescribed by the Parliament, the Public Service Commission may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a member or officer of the Commission or to the holder of a public office all or any of the functions or powers of the Commission, other than its power to appoint or remove, or to take disciplinary action against:
    1. an agricultural tribunal established under the Agricultural Landlord and Tenant Act;
    2. a Secretary of a department or the Secretary to the Cabinet; or
    3. any other person having the powers of a Secretary of a department in relation to staff under his or her control.

    Appeals against decisions of Public Service Commission

  3. The Parliament may make laws:
    1. providing for appeals against specified decisions of the Public Service Commission;
    2. constituting the body to hear the appeals; and
    3. making such other provision as is necessary or desirable in connection with the operation of the appeals system.

    Functions of Disciplined Services Commission

    1. The Disciplined Services Commission has the following functions:
      1. to make appointments to the Fiji Police Force or Fiji Prisons Service;
      2. to remove officers from the Fiji Police Force or Fiji Prisons Service;
      3. to take disciplinary action against officers of the Fiji Police Force or Fiji Prisons Service.

    2. The functions of the Disciplined Services Commission do not extend to:
      1. the office of the Commissioner of Police; or
      2. an officer of the Fiji Police Force having the rank of senior inspector (or its equivalent) or a lesser rank.

    Powers of Commissioner of Police

    1. The Commissioner of Police has equivalent powers to the Disciplined Services Commission in respect of officers of the Fiji Police Force having the rank of senior inspector (or its equivalent) or a lesser rank.

    2. The exercise by the Commissioner of Police of his or her powers to:
      1. remove a person from the Fiji Police Force; or
      2. reduce the rank of an officer of the Fiji Police Force;
      requires the concurrence of the Disciplined Services Commission.

    Disciplined Services Commission may delegate

    1. Subject to conditions prescribed by the Parliament, the Disciplined Services Commission may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a member of the Commission or, subject to subsection (3), to the Commissioner of Police all or any of its functions or powers in relation to the Fiji Police Force.

    2. Subject to conditions prescribed by the Parliament, the Disciplined Services Commission may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a member of the Commission or to the Commissioner of Prisons all or any of its functions or powers in relation to the Fiji Prisons Service.

    3. The Prime Minister must approve, in writing, any delegation under subsection (1) to the Commissioner of Police.

    Interpretation

  7. In this Chapter:
    independent service commission means the Constitutional Offices Commission, the Public Service Commission or the Disciplined Services Commission.