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Decentralization (Amendment) Act 2010

REPUBLIC OF VANUATU

DECENTRALIZATION (AMENDMENT) ACT
NO. 24 OF 2010

Arrangement of Sections

1 Amendment
2 Commencement

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Assent: 17/01/2011
Commencement: 07/02/2011

DECENTRALIZATION (AMENDMENT) ACT
NO. 24 OF 2010

An Act to amend the Decentralization Act [CAP 230].

Be it enacted by the President and Parliament as follows-

1 Amendment

The Decentralization Act [CAP 230] is amended as set out in the Schedule.

2 Commencement

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

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SCHEDULE

AMENDMENTS OF DECENTRALIZATION
ACT [CAP 230]

1 Section 1 (Definitions)

Insert in its correct alphabetical position

“Department” means the Department of Local Authorities;

2 Section 1 (Definitions)

After “Secretary”, insert “General”

3 After subsection 18E (2)

Insert

“(3) The Secretary General is to be the senior public servant in the Local Government Region and is responsible for coordinating the services and activities of all other public sector agencies within that Region.”

4 Subsection 18E (3)

Renumber as “(4)”

5 After section 18E

Insert

“18EA Assistant Secretary General

(1) The Public Service Commission is to appoint in writing an Assistant Secretary General and may determine the terms and conditions of the appointment.

(2) The Assistant Secretary General for each Local Government Council has the charge and responsibility to assist in carrying out the duties of the Secretary General.

(3) The Assistant Secretary General is to be supervised by and to act only on the lawful direction of the Secretary General.

(4) To avoid doubt, the Local Government Council does not have the power to remove or suspend the Assistant Secretary General.”

6 After section 18F

Insert

“18FA Cashier

(1) The Public Service Commission is to appoint in writing a Cashier and may determine the terms and conditions of the appointment.

(2) The cashier is to assist the accountant in carrying out his or her duties under this Act.

(3) The cashier is to be supervised by the accountant and is to act only on the lawful direction of the accountant.

(4) To avoid doubt, the Local Government Council does not have the power to remove or suspend the cashier.”

7 After section 18G

Insert

“18GA Planner

(1) The Public Service Commission is to appoint in writing a Planner and may determine the terms and conditions of the appointment.

(2) The planner is responsible for the development planning and all matters relating to physical planning of the Local Government boundary.

(3) The planner is to be supervised by the Assistant Secretary General and the Secretary General, and to act only on their lawful directions.

(4) To avoid doubt, the Local Government Council does not have the power to remove or suspend the planner.”

8 After section 18H

Insert

“18HA Transitional provision for persons occupying the position under sections 18EA, 18FA, 18GA

A person who is occupying any of the positions referred to in section 18EA, 18FA or 18GA immediately before the commencement of this Act must cease to hold that office upon the appointment of a person to the office by the Public Service Commission, unless he or she is appointed by the Public Service Commission to the relevant position.”

9 After section 18HA

Insert

“18HB Staffing structure

The Minister may make staffing structure of a Local Government Council on the recommendations of that Council acting on the advice of the Department.”

10 After 18I

Insert

“18IA Staff Regulations

The Minister may make staffing regulations of a Local Government Council on the recommendation of that Council acting on the advice of the Department.”

11 Subsection 18J(1)

Delete “to promote the health and welfare of the people therein”, substitute “to promote and plan for the health, welfare, economic and social development of the people in the Local Government Council Region”

12 Part 8A ( Sections 31A, 31B, 31C, 31D, 31E, 31F, 31G, 31H, 31I, 31J,)

Repeal the Part

13 After section 31

Insert

“31A Inquiries and suspension

(1) If the Minister:

(a) has cause to suspect that a Council has failed to observe and perform any of the duties and powers conferred or imposed upon it by the provisions of this Act or any other law; or

(b) has cause to suspect that a Council has done or performed any act, matter, or thing without due authority; or

(c) is otherwise of the opinion that an investigation should be made into the affairs of a council,

the Minister may in his or her discretion appoint a person or persons to inquire into such matter.

(2) If upon an inquiry under this section the Minister is satisfied that the Council has done or suffered any of the act, matter and things contained in paragraphs 1(a) and (b), the Minister may by order require the Council to remedy the same within such time as he or she may appoint.

(3) If a Council fails to comply with the terms of a directive of the Minister made under subsection (2) or if the Minister, having appointed a person or persons to make an inquiry under subsection (1) considers it appropriate so to do, the Minister may in addition to any other powers conferred upon him or her by the provisions of the Act;

(a) suspend the exercise by the Council of any of the powers conferred upon it by this or any other act for such period as he or she may think fit and;

(b) confer upon a person known as a Commissioner, the exercise of any powers so suspended for such period as the Minister considers appropriate, which must not exceed the expiry of 12 months following the date on which the term of the Council so suspended expired.

(4) The expenses incidental to:

(a) any inquiry under this section; or

(b) the exercise of any of the powers of the Council under this section;

is a debt due by the Council to the Government and is to be paid and discharged out of the funds or revenues of the Council in such manner as the Minister directs.

(5) A direction under subsection (4) includes a direction that the expenses is to be deducted from any grant payable by the Government to the Council.”

14 Section 33

Delete “Department of Local Government” (wherever occurring), substitute “Department”