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Decentralization (Amendment) Act No 17 of 2000

Assent: 5 May 2000
Commencement: 1 October 1999

REPUBLIC OF VANUATU

DECENTRALIZATION (AMENDMENT) ACT

NO. 17 of 2000

Arrangement of Sections

1. Insertion of New Part
2. Commencement.

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REPUBLIC OF VANUATU

DECENTRALIZATION (AMENDMENT) ACT

NO. 17 of 2000

An Act to amend the Decentralization Act No. 1 of 1994 (the "Principal Act").

BE IT ENACTED by the President and Parliament as follows:

INSERTION OF NEW PART

1. After Part VIII of the Principal Act the following Part is inserted:

"PART VIIIA - DECENTRALIZATION REVIEW COMMISSION

ESTABLISHMENT OF COMMISSION

31A. (1) The Minister is, by Order in writing, to establish a Decentralization Review Commission consisting of 3 members.

(2) The Minister is to appoint a person to the Commission only if he or she:

(a) has the capacity to contribute to reform in the area of local governance, service delivery or public sector reform; and

(b) has relevant experience and/or qualifications; and

(c) is politically independent and impartial.

(3) At least one member of the Commission must be a woman.

(4) The Commission ceases to exist when its final report is provided to the Minister under subsection 31H(2).

FUNCTIONS OF THE COMMISSION

31B. The functions of the Commission are:

(a) to review decentralization policies, structures, functions and service delivery relating to all areas of decentralized governance; and

(b) such other functions as expressly provided for in the Commission’s terms of reference as approved by the Council of Ministers.

POWERS OF THE COMMISSION

31C. The Commission has power to do everything necessary or convenient to be done for, or in connection with, the performance of its functions.

WORK PROGRAM

31D. The Minister is to determine in writing the work program for the Commission.

CONSULTATION

31E. In exercising its powers and performing its functions, the Commission must:

(a) consult widely; and

(b) have regard to the traditional systems of governance, in particular the role of chiefs; and

(c) have regard to promoting the role of women in governance and decision making; and

(d) have regard to ensuring a voice for youth in governance.

ADVISORY COMMITTEES

31F. The Commission may establish one or more advisory committees composed of a broad cross section of the community to assist in the performance of its functions.

SECRETARIAT

31G. The Commission is to be supported by a secretariat.

REPORTING REQUIREMENTS

31H. (1) The Commission is to provide quarterly oral and written briefings to the Minister.

(2) The Commission must provide to the Minister on or before 1 July 2001 a written final report on its review.

(3) The Minister must table a copy of the report in the Parliament within 5 sitting days of the ordinary session after receiving the report.

GOVERNMENT RESPONSE

31I. (1) The Government must prepare its response to the Commission's final report within 6 months after receiving the report.

(2) The Minister must table a copy of the Government's response in the Parliament within 5 sitting days of the ordinary session after preparing its response.

PROTECTION FROM CIVIL ACTIONS

31J. Civil proceedings cannot be brought against:

(a) a member of the Commission; or

(b) a person acting under the direction or authority of such a member;

in relation to loss, damage or injury of any kind suffered by a person in the course of the proper performance or exercise of the Commission's functions or powers.".

COMMENCEMENT

2. This Act is taken to have commenced on 1 October 1999.

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