Public Service Commission PSC Act

ACT NO. 8 OF 1999

I assent

[L.S.] K. K. T. Mara
President

[19 March 1999]

AN ACT

TO MAKE PROVISION, FURTHER TO THAT IN THE CONSTITUTION, FOR THE PUBLIC SERVICE AND THE PUBLIC SERVICE COMMISSION FOR OTHER SERVICE COMMISSIONS, FOR A PUBLIC SERVICE APPEAL BOARD, AND FOR RELATED MATTERS

Enacted by the Parliament of the Fiji Islands-

Part 1 - PRELIMINARY

Short title
1. This Act may be cited as the Public Service Act 1999.

Commencement
2.-(1) This Act commences on a date or dates appointed by the Minister by notice in the Gazatte.

(2) The Minister may appoint different dates for the commencement of different provisions.

(3) In appointing dates under this section the Minister must have regard to the need by synchronise the provisions of this Act with those of the Public Finance Management Act 1999.

3. In this Act, unless otherwise stated or the context otherwise requires-

"Appeal Board" means the Public Service Appeal Board established by Part 5; "chief executive" has the same meeting as in the Public Finance Management Bill 1999;

"constitutional functions", of a service Commission, mean the functions conferred on the Commission by the Constitution;

"Constitutional Offices Commission" means a person to whom a function or power of the Commission has been delegated or subdelegated;

"delegation" includes a subdelegation where the power to delegate so provides;

"department" has the same meaning as in the Public Finance Management Act 1999;

"directions" means directions made by a service Commission under Section 20 of this Act.

"Disciplined Services Commission" means the Commission continued in existence under that name by section 142(c) of the Constitution;

"employee" means a person employed in the public service but does not include a wage earner.

"government company" has the same meaning as in the Public Finance Management Act 1999;

"Judicial and Legal Services Commission" means the Commission of that name established by section 131(1) of the Constitution;

"member" means a member of the Appeal Board

"Minister", in relation to a service Commission, means the Purchase Minister with responsibility for that Commission;

"Ministry" has the same meaning as in the Public Finance Management Act 1999;

"Ownership Minister" has the same meaning as in the Public Finance Management Act 1999;

"public service" means the service of the State in any capacity, but does not include service in-
(a) an office of judge;
(b) a judicial office that is the responsibility of the Judicial and Legal ` Service Commission;
(c) an office in the Republic of Fiji Islands Military Forces;

(d) the office of a member of a commission, tribunal or board established by, or continued in existence under, the Constitution:
(e) a statutory authority ; or
(f) a government company;

"Public Service Code of Conduct" means the rules in section 6;

"Public Service Commission" means the Commission of that name continued in existence by section 142(b) of the Constitution;

"public service union" means a trade union that is registered under the Trade Unions Act and recognised by the relevant Commission for the purpose of collective bargaining in relation to a group of employees;

"Public Service Values" means the values set out in section 4;

"Purchase Minister" has the same meaning as in the Public Finance Management Act 1999;

"regulations" means regulations made by a service Commission under this Act or section 173(1) of the Constitution;

"relevant Commission" in relation to an employee, means the service Commission whose functions extend to that employee;

"relevant employee", in relation to a service Commission, means an employee to whom the functions of that Commission extend;

"Senior Executive Service" means the service established by section 9;

"service Commission" means any of -
(a) the Public Service Commission;
(b) the Constitutional Officers Commission;
(c) the Judicial and Legal Services Commission;
(d) the Disciplined Services Commission;

"statutory authority" has the same meaning as in the Public Finance Management Act 1999;
" statutory functions", of a service Commission, means the functions conferred on the Commission by or under this or any other Act, other than the Constitution;

"subordinate legislation" means any instrument of a legislation character made in exercise of a power conferred by an Act, and includes directions;

"this Act" includes any regulations or directions made under it;

"wage earner" means a person employed in the public service by reference to a rate of remuneration or payment other than an annual one.

Public Service Values

4-(1) The public service respects the values, policies, rights and freedoms set out in the Constitution.

(2) Employment decisions in the public service are made on the basis of merit after an open, competitive selection process.

(3) Men and women equally, and the members of all ethnic groups, have adequate and equal opportunities for training and advancement in the public service.

(4) The public service carries out the Government's policies and programs effectively and efficiently and with due economy.

(5) The composition of the public service reflects as closely as possible the ethnic composition of the population, taking account, when appropriate, of occupational preferences.

(6) The public service provides working environment that Is free from discrimination

(7) The public service is apolitical, performing its functions in a neutral, impartial and professional way.

(8) The public service is fully accountable, within the framework of the Constitution and the public Finance Management Act 1999, to the Government, the Parliament and the people of the Fiji islands.

(9) The public service is responsible to the Government in proving, frank, honest, comprehensive, accurate and timely advise and implementing the Government's policies and programmes.

(10) The public service has the highest ethical standards, particularly for integrity and honesty.

(11) The public service delivers services fairly, effectively and courteously.

(12) The public service develops and maintains leadership of the highest quality, particularly through the Senior Executive Service.

(13) The public service provides a fair, flexible workplace.

(14) The public service focuses on achieving results and managing workplace.

Regulations and directions about the Public Service Values

5.-(1) The Public Service Commission may make regulations or give within directions -
(a) for the purpose of ensuring that all employees uphold the Public Service Values; and
(b) as to the scope or application of the Public Service Values.

(2) The Public Service Values have effect subject to any regulations made or directions given under subsection(1), including any regulations or directions restricting the scope or application of the Public Service Values or resolving potential inconsistencies between them.

Public Service Code of Conduct

6.- (1) An employee must behave honestly and with integrity in the course of employment in the public service.

(2) An employee must act with care and diligence in the course of employment in the public service.

(3) An employee, when acting in the course of employment in the public service, must treat everyone with respect and courtesy, and without coercion or harassment of any kind.

(4) An employee, when acting in the course of employment in the public service must comply with all applicable Acts and subordinate legislation.

(5) An employee must comply with all lawful and reasonable directions given by persons in authority in the employees' Ministry, department or parliamentary body.

(6) An employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or any member of the staff of a Minister.

(7) An employee must disclose and take reasonable steps to avoid any conflict of interest (real or apparent) in connection with employment in the public service.

(8) An employee must use Government resources and assets in a proper way.

(9) A person must not, in the course of or in connection with employment in the public service, provide false or misleading information in response to a request for information that is made for official purpose.

(10) An employee must not make improper use of official information or of the employee's duties status, power or authority in order to gain, or seek to gain, a benefit or advantage for the employee or for anyone else.

(11) An employee must not, except in the course of his or her duties as an employee, or with the express authority of the chief executive of his or her Ministry, department or parliamentary body, give or disclose, directly or indirectly, an information about public business or anything of which the employee has official knowledge.

(12) An employee must at all times behave in a way that upholds the Public Service Values and the integrity and good reputation of the public service.

(13) An employee on duty overseas must at all times behave in a way that upholds the good reputation of the State.

(14) An employee must comply with any other conduct requirement prescribed by regulations, specified in directions or required of the employee by his/or her chief executive.

(15) In this section "employee" includes a wage earner.

Grounds for discipline

7. A breach of the Public Service Code of Conduct by an employee is a ground for disciplinary action under the regulations of the relevant Commission or, in the case of a person to whom Part 4 of the Constitution applies, for removal under that Part.

Responsibilities of chief executives

8-(1) A chief executive must uphold and promote the Public Service Values, and is bound by the Public Service Code of Conduct.

(2) The chief executive of a Ministry is responsible to the relevant Minister or Ministers concerned for the efficient, effective and economical management of the Ministry, including any department or group of departments in the Ministry.

(3) Chief executives are collectively responsible for providing leadership of the highest quality for the public service.

(4) In recognition of their collective responsibility, chief executives must work together to-
(a) provide direction on the future of the public service;
(b) motivate employees to reach their full potential; and
(c) initiate good management practice.

Establishment of Senior Executive Service

9.-(1) This section establishes a Senior Executive Service

(2) The Senior Executive Service consists of chief executive and all employees holding offices designated by the Public Service Commission as senior executive offices.

(3) Before designating an office under subsection (1) the Public Service Commission must consult the relevant Commission and the chief executive of the Ministry, department or parliamentary body concerned.

10. The purpose of the Senior Executive Service is to attract, develop and retain a group of employees each of whom, within the employee's Ministry, department or parliamentary body-
(a) provides at a high level one or more of the following-
(i) professional expertise;
(ii) policy advice;
(iii) management;
(b) promotes cooperation with other Ministries and departments and parliamentary bodies in implementing Government policies and programs; and
(c) by personal example and in other appropriate ways upholds and promotes the Public Service Values and compliance with the Public Service Code of Conduct.
Part 3 --- PUBLIC SERVICE COMMISSION

Public Service Commission’s statutory functions
11.-(1) In addition to its constitutional functions, the Public Service Commission has the following functions--

(a) to consider and report to the Government on public service issues;

(b) to promote and uphold the Service Values and the Code of Conduct, and to monitor and evaluate-
(i) the extent to which Ministries departments and parliament
bodies have adopted the Public Service Values;

(ii) the extent to which the structure of the public service supports the
Public Service Values;

(iii) the adequacy of the systems and procedures in Ministries
departments and parliamentary bodies for ensuring compliance
with the Public Service Code of Conduct ;

(d) to facilitate continuous improvement in human resources management
the public service;

(e) to provide or facilitate training and career development for the public
service (including public service examinations ) and to coordinate
support service-wide training and career development opportunities in
the public service insofar as those functions are not performed by some
other body;

(f) to contribute to, and foster, leadership in the public service;

(g) to review, and advise the Government on the structure, size and
composition of the public service, including the creation amalgamation
and abolition of Ministries and departments, the functions of departments and staffing levels in Ministries and departments

(h) to perform in relation to employees the functions of an employer
including but not limited to-

(i) the classification of employees;

(ii) the duties of employees, and the places where they are to
performed;

(iii) the transfer of employees to and between Ministries and departments.

(iv) the setting of remuneration and other terms of employment
unless another written law confers those functions on some other people
or body in relation to any employment or class of employee;

(i) to ensure that adequate office accommodation is provided for the public
service ;and

(j) to supervise physical working conditions in the public service as required.

(k) if requested, to give advice and assistance to Ministries, departments and
other service Commissions in relation to public service issues; and

(I) to perform any other functions given to the Commission by or under this
Act or any other written law.

(2) The Public Service Commission must, if directed by the Ownership Minister for a statutory authority--

(a) investigate and report on the state of the statutory authority and give a
copy of the report to the Ownership Minister, and
(b) give advice and assistance co the statutory authority in relation to--

(i) its management or employment policies and practices;
(ii) training or career development for its employees.

(2) In this section--

"department" includes a parliamentary body;

"employee" includes a wage earner.

Directions of Minister

12.--(1)In performing its statutory functions the Public Service Commission must, subject to subsection (2), act in accordance with any general directions as to policy given to it in writing by the Minister, which may include directions as to delegations of the Commission’s functions under section 16.

(2) The Public Service Commission or a delegate of the Commission is not subject to directions by any Minister in respect of the performance of the Commission’s statutory functions in relation to a particular person.

(3) This section does not affect section 173(4) of the Constitution as regards the constitutional functions of the Public Service Commission.

(4) In giving directions to the Public Service Commission under subsection (I) the Minister must have regard to the need to synchronise and harmonise the provisions of this Act with those of the Public Finance Management Act 1999.

Inquiries by Public Service Commission

13.--(1)The Public Service Commission may, on its own initiative it ii asked to do so by the Prime Minister, conduct an inquiry into--

(a) an alleged breach of the Public Service Code of Conduct by any employee; or
(b) any public service employment policy or practice.

(2) For the purpose of an inquiry, the Public Service Commission, or a person
authorised by the Commission, may-

(a) enter the premises of any department;
(b) require production of, examine and copy any document in the possess of a department;
(c) interview any employee; or
(d) interview anyone else who can provide information relevant to inquiry.

(3) Chief executives and other employees must give the Public Service Commission any assistance it reasonably requires to conduct an inquiry.

(4) Without limiting subsection (3), the Public Service Commission may require
employee to answer any question relevant to the inquiry.

(5) Subsection (4) does not prevent an employee from asserting a claim of privilege against self-incrimination in accordance with law.

(6) For the purpose of an inquiry under this section the Public Service Commission has the same powers and authority to summon witnesses and to admit and receive evidence as are given to the commissioners of a commission of inquiry by section 9 of Commissions of Inquiry Act (Cap. 47), and sections 14 and 17 of that Act apply, necessary changes, in relation to the powers and authority given to the Commission by subsection.

(7) Before conducting an inquiry on its own initiative under this section in relation,
an employee in respect of whom the functions of another service Commission extend, the Public Service Commission must consult that Commission.

(8) In this section--
"department" includes a parliamentary body;
"employee" includes a wage earner.

Annual reports by Public Service Commission

14.-(1) Within 4 months after the end of each year, the Public Service Commission must give the Prime Minister a report on the state of the public service and the performance of the Commission during the year.

(2) The Prime Minister must cause a copy of the report under subsection (1) to be laid before each House of the Parliament within 14 sitting days of the House after it is received by the Prime Minister.

(3) The requirements of this section are in addition to any reporting requirement
imposed on the Public Service Commission by or under the Public Finance Management Act 1999.

Regulations

15.--(1)The Public Service Commission, with the agreement of the Prime Minister, may make regulations prescribing anything--

(a) required or permitted by this Act to be prescribed;

(b) necessary or convenient to be prescribed for carrying out or giving effect
to this Act; or

(c) necessary or convenient to be prescribed for carrying out its statutory
functions, or for the efficient, effective and economical management,
control and working elf the public service.

(2) Without limiting subsection (l), regulations made under it may make provision with respect to-

(a) the Senior Executive Service, including the basis on which employees in
the Senior Executive Service are to be employed;

(b) the appointment, promotion and transfer of all employees;

(d) the conduct and discipline of all employees.

(e) handling of grievances;

(f) performance agreements to be entered inter by chief executives which are consistent with the Public Finance Management Act 1999;

(g) performance assessments of chief executives, in relation to their
performance agreements;

(h) the contents of annual corporate plans and annual reports of Ministries
and departments in relation to personnel matters;

(i) performance improvement programs by Ministries and departments.

(3) Regulations made under this section may also prescribe--

(a) the fees allowances and expenses to he paid to a person for carrying out
a function or duty under this Act; and

(b) fees for appeals to the Appeal Board.

(4) This section is in addition to the powers of the Public Commission to make regulations under section 173(1) of the Constitution.

(5) If regulations under subsection (2) are made relating to performance assessment
of chief executives, they must provide: that before completing any such assessment
relevant Commission must consult--

(i) the relevant Purchase Minster as regards the extent to which the Minister
or department met its obligations under 3 purchase agreement with
that Minister;

(ii) the relevant Ownership Minster as regards the extent to which the
Ministry or department met its obligations under its annual corporate plan
prepared pursuant to the Public Finance Management Act 1999.

(6) In making regulations under this section the Public Service Commission in have
regard to the need to synchronise and harmonise the regulations with the provisions of the Public Finance Management Act 1999.

(7) Before making regulations affecting employees in respect of whom the functions of another service Commission extend, the Public Service Commission must consult
Commission.

(8) In this section-

"department" includes a parliamentary body;

“employee" includes a wage earner

Delegation

16.--(1) The Public Service Commission may, in writing, delegate to a member or
officer of the Commission, or the holder of a public office (within the meaning the Constitution), any of its statutory functions or of its powers in relation to its statutory
functions.

(2) A person to whom functions or powers are delegated under subsection (I) may,
in writing delegate any of the functions or powers to an employee (the "subdelegate”)

(3) A delegation may be made under subsection (2) only with the prior written
approval of the Public Service Commission.

(4) A function or power delegated under subsection (2) is, when performed or
exercised by the subdelegate, taken to have been performed or exercised by
the Public Service Commission.

(5) A delegation under this section continues in force despite any change in the
membership of the Public Service Commission.

(6) A delegation under this section may be revoked or amended at any time by the
Public Service Commission

(7) All relevant written laws apply to a delegate (including a subdelegate) in the
performance of a delegated functions, or the exercise of a delegated power, as if the delegate were the Public Service Commission.

(8) A delegation under subsection (1) may be performed or exercised only in
accordance with any conditions applying to the delegation, and a subdelegation under subsection (2) may be performed or exercised only in accordance with any conditions applying to the delegation under which the subdelegation was made.

(9) This section is in addition to --

(a) the Public Service Commission's power of delegation under section 150
of the Constitution;
(b) sections 31 A, 31B and 31C of the Interpretation Act (Cap.7).

(10) Subsections (5) to (8) apply to a delegation under section 150 of the Constitution in the same way as they apply to a delegation under subsection (1).

(11) Subsection (2) does not apply to delegation under section 150 of the
Constitution.

(12) In the exercise of its powers under this section the Public Service Commission
must have regard to the need to synchronise and harmonise its functions with the
provisions of the Public Finance Management Act 1999.

(13) Before delegating any functions an employee in respect of whom the functions of another service Commission extend must consult that Commission.

Secretary and other staff of Public Service Commission

17.--(1) There is to be a Secretary for the public service who is also the Secretary
to the Public Service Commission

(2) The Public Service Commission is also to have other staff necessary to perform
its constitutional and statutory functions.

(3) The Secretary for the public service and other Commission staff must be persons
employed in the public service

SERVICE COMMISSIONS GENERALLY

Additional powers of service Commissions

18.-(1) Every service Commission has the power to do everything necessary or convenient to be done for, or in connection with, the performance of its functions under the Constitution or this Act,

(2) The powers given to a service Commission by subsection (1) are in addition to its powers under the Constitution, any other provision of this Act or any other written law.

(3) In the exercise of its powers and the performance of its functions every service
Commission must--
(a) comply with the requirements of section 140 of the Constitution;

(b) synchronise and harmonise its decisions with the provisions of the Public Finance Management Act 1999;

(c) before taking action which would affect an employee in respect of whom
the functions of another service Commission extend, consult that Commission.

Reports by service Commissions

19.-(1) A service Commission may, at any time, five the Minister a report about any
issue relevant to its functions.

(2) A service Commission must. if asked by the Minister, give the Minister a report about any issue relevant to its functions, but without affecting section 173(4) of the constitution.

(3) This section is in addition to any other requirement of a written law relating
reports by service Commission.

Service Commission directions

20.--(1) A service Commission may give ii, relevant employees written directions
about anything necessary or convenient to be prescribed for carrying out its constitutional functions or its statutory functions, or for the efficient effective and economical management, control and working of the public service.

(2) Without limiting subsection (l), a service Commission may give written directions about how functions or powers delegated by it are to be performed or exercised and about any other matter with respect to which the Commission may make regulations.

(3) A service Commission's directions cannot create offences or impose penalties.
.
(4) Chief executives and other employees must comply with any directions of a service Commission that are expressed to be binding on them.

(5) In this section "employee" includes a wage earner.

Delegations of employment powers to chief executives

21.--(1) A chief executive is the employer of the employees in the relevant Ministry,
department or parliamentary body to the extent that--

(a) the relevant Commission delegates such rights, duties and powers as an employer to the chief executive under the Constitution ; or

(b) the Public Service Commission delegates such rights, duties and powers
under section 16 of this Act.

(2) Without limiting subsection (I), a chief executive has, in relation to employees in the relevant Ministry, department or parliamentary body the rights, duties and powers
prescribed by regulations or specified in directions.

(3) If a service Commission delegates to a chief executive its rights, duties and powers as an employer, tile chief executive must, in exercising those rights and powers and performing those duties, comply with--

(a) the requirements of section 140 of the Constitution;

(b) relevant provisions of the Public Finance Management Act 1999; and

(4) In this section employee includes a wage earner.

Improperly influencing service Commission etc.

22.--(1) A person who seeks (directly or indirectly) to improperly influence a service Commission, a member employee, agent or delegate of a service Commission or the Secretary for the public service commits an offence.

(2) A person who commits an offence under subsection (1) is liable on conviction to a fine of $1,000.

Protection of members of service Commission etc.

23.--(1) This section applies to a person who is or has been a member, employee agent or delegate of a service Commission or the Secretary for the public service.

(2) A person mentioned in subsection (1) is not liable in relation to an act done or omitted to be done by the person in good faith in the performance or purported
performance of a function, or the exercise of a power, of the relevant Commission.

Part 5--PUBLIC SERVICE APPEAL BOARD

Continuation of Public Service Appeal Board

24.-- (1)This section continues in existence the Public Service Appeal Board
established by the Public Service (Amendment) Act 1998 (No. 58 of 1998).

(2) The Appeal Board consists of the following members--
(a) a chairperson appointed by the Minister after consultation with the
Chairperson of each service Commission and with the public
service unions;

(b) a member appointed by the Minister on the joint nomination of the
Chairpersons of all the service Commissions; and

(c) a member appointed by the Minister on the joint nomination of the
public service unions.

(3) A person who holds a public must not be appointed as a member.

(4) Subject to this section, a member holds office for 3 years but is eligible for reappointment.

(5)The term of appointment of a member expires upon his or her reaching the age of 65, and a person must not be appointed or reappointed if he or she has reached that age.

(6) The Minister may terminate the appointment of a member for misbehaviour
physical or mental incapacity.

(7) If a member---

(a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
Public Service – 8 of 1999

(b) is absent, without reasonable excuse, from 3 consecutive
meetings of the Appeal Board; or

(c) has, in the Minster's opinion, failed to perform his or her functions
member satisfactorily for a significant period, the Minister must terminate the member's appointment.

(8) A member may, resign by notice in writing to the Minister.

Rights of appeal

25.--(1) Subject to this section every employee, other than an employee on probation, may appeal to the Appeal Board under this Part against--

(a) the promotion of any employee, or the appointment of any person who
is not an employee to a position in the public service which the
appellant, had applied by way of promotion.
(b) the taking of disciplinary action against the appellant; or

(2) An appeal under paragraph (1)(a) lapses if, the appeal is determined--

(a) the appellant resigns or retires or his or her employment in the public
service is lawfully terminated;
(b) the promotion or appointment, that is the subject of the appeal is
cancelled; or
(c) the officer whose promotion, or the person whose appointment is the
subject of the appeal dies or vacate, renounces or becomes incapable
taking up the position.

(3) Notwithstanding subsection (1)(b), an employee does not have a right to appeal against disciplinary action against the employee for a refusal to comply with or obey an instruction or order transferring the employee from one district to another within the Fiji Islands if the employee has already had an appeal against the transfer dismissed.

(4) An appeal does not lie against the promotion of an employee, or the appointment of a person, to an office or position specified in an order made by the Prime Minster, however that office positions is for the time being designated.
Procedure on appeal
26.--(1) Notice of an appeal under this Part, setting out the grounds of the appeal, must be lodged with the Secretary of the Appeal Board--
(a) within 21 days after the date on which the decision was published or notified to the appellant; or
(b) within any further time allowed by the Appeal Board sufficient reason being shown by the applicant.

(2) An appellant must, when lodging an appeal with tile Secretary of the Appeal Board, deposit with the Public Service Commission the prescribed fee, which must be
refunded if the appeal is allowed

(3) For the purpose of determining an appeal, the Appeal Board has the same
power and authority to summon witness and to obtain evidence as are conferred upon
commissioners of a Commission of Inquiry by section 9 of the Commissions of Inquiry
Act, and section 14 and 17 of the Act apply, with necessary changes, in relation to the powers and authority vested in the Appeal Board by this Part.

(4) In an appeal the onus of proof rests with the appellant.

(5) Proceedings of the Appeal Board are not open to the public but a person authorised by the Board may attend a hearing or part of a hearing.
(6) At the hearing of an appeal--
(a) the appellant is entitled to he present and may be represented by a
legal practitioner or by any other person; and
(b) the officer or person against whose promotion or appointment the appeal
has been lodged is entitled to he heard in such manner as the Appeal Board thinks fit and may be represented by a legal practitioner or
other person.

(7) The Appeal Board may direct that 2 or more particular appeals are to be
together.

(8) In performing its functions the Appeal Board must endeavor to fairness to the
to the parties with economy, informality and speed.

(9) In the conduct of an appeal, the Appeal Board is not bound by the procedure legal forms and rules of evidence of a court of law but should-
(a) accord natural justice to the parties to the appeal,
(b) keep a written record of its proceedings; and
(c) give reasons for its decision on the appeal.

(10) The Appeal Board may allow or disallow an appeal by an employee and the
relevant Commission must implement the decision.
(II) If an appeal by an employee under section 25(1)(a) is allowed, the relevant
Commission must forthwith appoint the appellant to the position.

(12) The Appeal Board may, at any time, disallow an appeal without hear it, or without hearing it further, on the ground that it is frivolous or vexatious or cannot
succeed.

Attempts to influence Appeal Board

27.-- (1) Except as provided in subsection (2), a person who attempts to influence the relation to Appeal Board or a member of the Appeal Board in respect of an appeal commits an offence and is liable on conviction to a fine of $1.000.

(2) Nothing in subsection (1) prohibits a person from giving information or making
representations in respect of an appeal at the request or invitation of a service Commission or the Appeal Board, or a witness, the appellant or the representative of a party at a hearing before the Appeal Board.

REPEALS AND AMENDMENTS

Repeals and savings

33.--(1)The following are repealed--

(a) Public Service Act (Cap. 74);

(b) Public Service Decree 1988;

(2) An appeal to the Appeal Board in progress at the commencement of this
section must continue as if brought under Part 4 of this Act

Amendments

34. The Acts mentioned in the Schedule are amended in the manner specified.

MISCELLANEOUS

Act binds the State

28. This Act binds the State.

Act extends outside Fiji Islands

29. This Act extends to acts and omissions outside tile Fiji Islands.

TRANSITIONAL PROVISIONS

References to earlier Acts etc.

30.--(1) Unless the context otherwise requires, a reference in an Act or subsidiary legislation to the Public Service Act (Cap. 74), the Public Service Decree 1988 or the Public Service Decree 1990 is to be construed as a reference to this Act.

(2) Unless the context otherwise requires, a reference in an Act or subsidiary
legislation to subsidiary legislation under the Public Service Act (Cap. 74), the Public
Service Decree 1998 or the Public Service Decree 1990 is to be construed as a reference to the appropriate subsidiary legislation under this Act.

(3) The Prime Minister may by order modify or adapt references in the Act or Decrees mentioned in subsection (1) and (2).

References to Permanent Secretaries and other officers
31. Unless the context otherwise requires, a reference in an Act or subsidiary
legislation to-
(a) the Permanent Secretary of a Ministry - is to be construed as a
reference to the chief of a Ministry.
(b) the Permanent Secretary of a particular Ministry - is to e
construed as a reference to the chief executive of that Ministry;
(c) an officer of the public service - is to e construed as a references to an employee as defined in section 3 of this Act;

(d) the Secretary of the Public Service Commission or to the Secretary to Government and for the Public Service -- is to be construed as a reference to the Secretary for the Public Service.

General orders and instructions

32.--(1) General orders made by the Public Service Commission and in force immediately before the commencement of this section continue to have effect as if they were directions given by the Commission under section 20.

(2) Instructions issued by the Public Service Commission and in force immediately before the commencement of this section continue to have effect as if they were directions given by the Commission under section 20.