Vanuatu Sessional Legislation
Commencement: 21 September 1998
REPUBLIC OF VANUATU
GOVERNMENT REMUNERATION TRIBUNAL ACT
NO. 20 OF 1998
Arrangements of Sections
PART I - PRELIMINARY
PART II - GOVERNMENT REMUNERATION TRIBUNAL
5. Establishment of Government Remuneration Tribunal
6. Membership of Tribunal
7. Term of Office
8. Extraordinary Vacancies
10. Members and officers to maintain secrecy
11. Remuneration and allowances
12. Staff of Tribunal
PART III - FUNCTIONS, RESPONSIBILITIES AND POWERS OF THE TRIBUNAL
13. Functions of the Tribunal
14. Implementation of determinations of Tribunal
15. Release of determinations
16. Criteria for Tribunal
17. Frequency of adjustments
18. Determination of persons subject to this Act
19. Submissions to Tribunal
20. Application of minimum remuneration levels
21. Powers of Tribunal
22. Annual report
23. Appropriation required for purposes of this Act
24. Act to prevail
25. Determinations of Tribunal to prevail over contracts of service in case of conflict
26. Consultation with Tribunal
PART IV - OFFENCES, PUNISHMENTS AND RECOVERY
29. Recovery of overpayment
PART V - MISCELLANEOUS
30. Savings and validation
REPUBLIC OF VANUATU
GOVERNMENT REMUNERATION TRIBUNAL ACT
NO. 20 OF 1998
An Act to provide for a government remuneration tribunal.
BE IT ENACTED by the President and Parliament as follows:
3. In this Act, unless the context otherwise requires:
"Determination" means a decision of the Tribunal fixing the maximum amount of remuneration payable to persons subject to this Act;
"Member" means a member of the Tribunal appointed under section 6;
"Minister" means the minister responsible for the Tribunal;
"Public sector" comprises those persons employed by Government who are not members of the public service and not a person or class of persons listed under paragraphs (i) to (vi) of sections 13(1)(a);
"Public Service" comprises those persons employed in the ministries, departments, State appointed offices, agencies and instruments of the Government of Vanuatu as are designated by the Prime Minister pursuant to an enactment;
"Tribunal" means the Government Remuneration tribunal established under section 5;
"Remuneration" means a reward for services and includes salaries, wages, allowances, fees, expenses and every other form of income or recompense whatsoever.
4. This Act shall bind the State.
GOVERNMENT REMUNERATION TRIBUNAL
ESTABLISHMENT OF GOVERNMENT REMUNERATION TRIBUNAL
MEMBERSHIP OF TRIBUNAL
(2) The Tribunal may from time to time appoint one of the other members of the Tribunal to be the Deputy Chairperson.
(3) The member nominated by the Prime Minister must be a person who has a wide and detailed knowledge in employment issues, management and policy in the public sector.
(4) The member nominated by the Public Service Commission must be a person who has a wide and detailed knowledge in employment issues, management and policy in the public service.
(5) The member nominated by the President of the Chamber of Commerce must be a person who has a wide and detailed knowledge in employment issues, management and policy in the private sector.
TERM OF OFFICE
(2) Unless a member vacates his or her office under section 8, a member of the Tribunal will continue in office until his or her successor comes into office, notwithstanding that the term for which he or she was appointed may have expired.
(3) A member may be appointed to the Tribunal on a part time basis.
(2) A member may resign at anytime by giving written notice to that effect to the Prime Minister.
(3) If a member dies, or resigns, or is removed from office, the vacancy created will be deemed to be an extraordinary vacancy.
(4) An extraordinary vacancy will be filled by the appointment of a member by the Minister in accordance with section 6(1).
(5) The person that would be entitled to nominate that member in accordance with section 6(1) will nominate the new member.
(6) The powers of the Tribunal will not be affected by one vacancy in its membership.
(2) There will be a quorum of 2.
(3) The chairperson will preside at every meeting at which he or she is present, and in his or her absence the Deputy Chairperson will preside.
(4) A decision of a majority of the members present shall be the decision of the Tribunal. The chairperson will have, in the event of an equality of votes, a casting vote.
(5) Subject to the provisions of this Act, the Tribunal may regulate its own procedure.
(6) No decision or determination of, or proceeding before, the Tribunal, will be questioned for want of form.
MEMBERS AND OFFICERS TO MAINTAIN SECRECY
(2) Every person commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding VT100,000 or to both, who wilfully acts in contravention of subsection (1).
REMUNERATION AND ALLOWANCES
STAFF OF TRIBUNAL
FUNCTIONS, RESPONSIBILITIES AND
POWERS OF THE TRIBUNAL
FUNCTIONS OF THE TRIBUNAL
13. (1) The principal functions of the Tribunal are:
(a) to review and determine the maximum remuneration payable to those persons, or classes of persons listed in subparagraphs (i) to (viii):
- (i) those persons listed in Part One of the Official Salaries Act [CAP. 168];
- (ii) those persons appointed as directors to boards by Government or a Government ministry, agency or instrument;
- (iii) those persons appointed to the boards of statutory corporations and authorities;
- (iv) those persons appointed as chief executive officers of local government councils;
- (v) town clerks of municipal councils;
- (vi) directors-general of ministries and directors of departments;
- (vii) persons, or classes of persons employed in the public service;
- (viii) persons or classes of persons employed in the public sector;
(b) to receive written submissions from the public, and to investigate public concerns in matters relating to the remuneration payable to those persons or classes of persons listed in subparagraphs (i) to (viii) of subsection (1)(a);
(c) to consider reports from the Public Service Commission or any interested person or organization concerning the appropriate level of remuneration payable to those persons or classes of persons listed in subparagraphs (i) to (viii) of subsection (1)(a);
(d) to receive submissions and hear or receive evidence regarding any investigation and to publish in the Gazette a notice f a person found to be in breach of the provisions of this Act, and where applicable to refer the breach to the Public Prosecutor;
(e) to make a determination that adjusts, either upwards or downwards, the remuneration of any person listed in subparagraphs (i) to (viii) of subsection (1)(a), so long as that adjustment does not decrease a persons remuneration where that person is being paid under the level already determined for that position or a like position, by the Tribunal;
(f) to carry out such other functions as may be conferred or imposed on it by this Act or any other enactment.
(2) In carrying out its functions under subsection (1)(a) the Tribunal may fix scales of remuneration and prescribe rules governing the application of scales of remuneration to be fixed.
(3) Except as otherwise provided in this Act, where the remuneration payable to a person is fixed under this Act, no amount in excess of the remuneration so fixed for the time being shall be paid or payable to that person.
IMPLEMENTATION OF DETERMINATIONS OF TRIBUNAL
RELEASE OF DETERMINATIONS
(2) The Tribunal must deliver to the Minister copies of all determinations made by it.
(3) The Tribunal must publish within 21 days of it conducting a review under section 17 a notice in the Gazette stating the result of the review and where a determination is made as a consequence it, publish the determination in accordance with subsection (1).
CRITERIA FOR TRIBUNAL
FREQUENCY OF ADJUSTMENTS
(2) The Tribunal may follow whatever order it chooses when making determinations required under section 13(1)(a).
(3) Every determination of the Tribunal will continue in force until the Tribunal under this section makes another determination.
(4) The Tribunal will conduct a general review of the determinations made by it at intervals of not less than 1 year and not more than 3 years.
(5) The Tribunal may conduct a review of a determination within 1 year of it being made where the Tribunal is satisfied in all the circumstances there are particular and special reasons that justify a period of less than 1 year.
DETERMINATION OF PERSONS SUBJECT TO THIS ACT
SUBMISSIONS TO TRIBUNAL
APPLICATION OF MINIMUM REMUNERATION LEVELS
POWERS OF TRIBUNAL
(2) No member of the Tribunal will have any civil liability for any act done in good faith pursuant to this Act.
(2) The Minister must lay a copy of the report before Parliament within the first 14 sitting days after he or she receives the report.
APPROPRIATION REQUIRED FOR PURPOSES OF THIS ACT
(2) The Tribunal must have regard to the budget allocated to it when employing staff and incurring administrative expenses.
ACT TO PREVAIL
DETERMINATIONS OF TRIBUNAL TO PREVAIL OVER CONTRACTS OF SERVICE IN CASE OF CONFLICT
CONSULTATION WITH TRIBUNAL
OFFENCES, PUNISHMENTS AND RECOVERY
(2) Nothing in this section will be so construed as to prohibit any person from giving information or advice or making representations in accordance with law.
(3) A person who knowingly pays or receives remuneration at a rate higher than that determined by the Tribunal commits an offence.
(4) Where applicable a person who commits an offence against this Act in addition commits an offence under the Leadership Code and may be dealt with under that Code.
(2) If the offence is a continuing one the offender is liable to a fine not exceeding VT1,000 for each day or part day the person remains in breach.
SAVINGS AND VALIDATION
30. This Act commences on the date it is published in the Gazette.