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Compensation Act 1994

Commencement: 17 October 1994


REPUBLIC OF VANUATU


COMPENSATION ACT
NO. 11 OF 1994


Arrangement of Sections


  1. Minister’s authority to borrow
  2. Purpose of the borrowing
  3. Claims for compensation
  4. Application
  5. Establishment of Board
  6. Powers and duties of the Compensation Board
  7. Approval of Council of Ministers
  8. Payments of compensation
  9. Loan service charges
  10. Chapter 149 not to apply
  11. Regulations
  12. Commencement

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REPUBLIC OF VANUATU


Assent: 27/09/94
Commencement: 17/10/94


COMPENSATION ACT
NO. 11 OF 1994


An Act to authorize the borrowing of a sum of money not exceeding 200,000,000 vatu for the purpose of enabling the government to assess and pay unsatisfied claims for compensation relating to injuries or loss of life, damage or loss of property suffered during the civil disturbances in 1980 and in certain other circumstances.


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


MINISTER’S AUTHORITY TO BORROW


  1. The Minister of Finance is hereby authorised to borrow from any bank or financial institution within or outside Vanuatu, a sum of money not exceeding 200,000,000 vatu on such terms and conditions as shall be agreed in writing between the Minister and any such bank or financial institution subject to the previous approval of the Council of Minister’s.

PURPOSE OF THE BORROWING


  1. All moneys borrowed under section 1 shall be paid into a Compensation Fund and sums paid thereout shall be exclusively for the purpose of making ex-gratia payments in circumstances referred to in section 3 in accordance with the provisions of this Act.

CLAIMS FOR COMPENSATION


3. (1) Any person or the legal personal representatives of any person -


(a) who has injured or lost his life during the civil disturbances in 1980;

(b) whose property was damaged, requisitioned or acquired during the civil disturbances in 1980;

(c) who was injured or lost his life during the civil unrest in 1988;

(d) who was a member of the New Hebrides Defence Force;

(e) who has been unfairly imprisoned without an order of the Court;

(f) who is a former member of the National Council of Chiefs whose term of office ended on 16th December, 1992.

may, subject to the provisions of this Act, apply to be paid compensation from the Compensation Fund in respect of any of the matters referred to in paragraphs (a), (b), (c), (d), (e) and (f) of this subsection.


(2) For the purpose of this section -

"civil disturbances in 1980" means the events known as "the Santo Rebellion" and associated civil disturbances which occurred in other Islands during the period beginning with the month of November, 1979 and ending on 31st August, 1980;


"civil unrest in 1988" means the riot on the 16th day of May 1988.


APPLICATION


  1. (1) Every application for compensation under section 3 shall be made in the form and manner prescribed by the Prime Minister.

ESTABLISHMENT OF BOARD


  1. (1) There is hereby established a board to be called the Compensation Board comprising a chairman and 2 other members appointed by the Prime Minister.

POWERS AND DUTIES OF THE COMPENSATION BOARD


  1. (1) The Compensation Board shall have jurisdiction to consider and subject to the approval of the Council of Ministers in accordance with section 7 determine all claims for compensation in respect of the matters specified in section 3 of this Act.

APPROVAL OF COUNCIL OF MINISTERS


  1. (1) The Minister of Finance shall present the report of the Compensation Board to the Council of Ministers within fourteen (14) days of receiving the report.

PAYMENTS OF COMPENSATION


  1. (1) The Minister of Finance shall cause the payments of compensation to be made in accordance with the decision of the Council of Ministers within 30 days of the date of the decision of the Council of Ministers.

LOAN SERVICE CHARGES


  1. The principal repayments, interest, establishment fees in respect of a loan borrowed under section 1 shall be a prior charge on the Revenue Fund and budgetary provision shall be made as necessary from time to time in respect of those loan service charges.

CHAPTER 149 NOT TO APPLY


  1. The provisions of the Government Borrowing and Guarantee Act [CAP. 149] shall not apply to any moneys borrowed or applied in pursuance of the provisions of this Act.

REGULATIONS


  1. (1) The Prime Minister may make regulations for the purpose of carrying out or giving effect to the provisions of this Act.

COMMENCEMENT


12. This Act shall come into force on the date of its publication in the Gazette.


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