Commencement: 13 April 1981
Repealed

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 129

PUBLIC SERVICE

Act 3 of 1981
Act 2 of 1983
Act 2 of 1985

ARRANGEMENT OF SECTIONS

SECTION

1.	Interpretation
2.	Additional powers of the Commission
3.	Functions of the Commission in respect of the Public Service
4.	Compulsory retirement of public servants by the Commission
5.	Severance payment
6.	Provisions of sections 4 and 5 to prevail
7.	Commission to have power to provide services to statutory bodies
8.	Annual reports
9.	Delegation of powers and functions
10.	Transfers
11.	Disciplinary offences
12.	Establishment of Public Service Disciplinary Board
13.	Hearing and confirmation of disciplinary offences
14.	Rights of appeal by officers appointed by the Commission
15.	Powers of Commission and Board to summon witnesses etc.
16.	Offence to attempt to influence Commission or Board
17.	Membership and recognition of staff association
18.	Regulations
19.	Public Service Instructions
20.	Offence to attempt to influence Commission

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PUBLIC SERVICE

To confer powers and functions on the Public Service Commission in addition to those conferred upon it by the Constitution and to provide for a Public Service Disciplinary Board, for appeals therefrom and for other matters relating to the public service.

INTERPRETATION

1.	(1)	In this Act, unless the context otherwise requires -

"Board" means the Public Service Disciplinary Board established under section 12;

"Association" means the staff association recognised by the Prime Minister in accordance with section 17;

"Commission" means the Public Service Commission established by Article 59 of the Constitution;

"commissioner" means a member of the commission;

"department" means a Ministry of the Government or a department within a Ministry;

"Officer" means a person holding or acting in any office in the Public Service;

"Public Service" means the service of the Republic in any capacity other than as a judge, or member of the armed forces, police or teaching services;

"statutory body" means any statutory body, other than a department, created by any written law and responsible to a Minister.

ADDITIONAL POWERS OF THE COMMISSION

2.	The Commission shall have all powers necessary to perform the functions and carry out the duties described in this Act in addition to the functions and duties vested in it by the Constitution.

FUNCTIONS OF THE COMMISSION IN RESPECT OF PUBLIC SERVICE

3.	(1)	The Commission shall in respect of the Public Service, be responsible for -

(a)	reviewing the machinery of Government, including the need for the establishment of new departments and the amalgamation or abolition of existing departments, the co-ordination of the activities of departments and, subject to the provisions of any other law, the extent and nature of the controls over the operations of a department;

(b)	reviewing the efficiency and economy of the Public Service, including the discharge by heads of departments of the responsibilities placed in them by this Act or any other law;

(c)	advising the Prime Minister on Public Service salaries and salary scales;

(d)	providing suitable office accommodation and prescribing and supervising the physical working conditions of all officers in the Public Service;

(e)	for the purposes of efficient Government, reviewing establishments and approving the grading of posts;

(f)	acting as the personnel authority for the Public Service;

(g)	prescribing training programmes for and assisting with the training of officers;

(h)	providing or causing to be provided management consultation services, including advice as to efficient work and control methods and techniques, data processing and Organisation.

(2)	The Commission shall be empowered at all times in respect of the Public Service to carry out such inspections and investigations, and to receive such reports, as it shall consider necessary, to advise any head of department or to report to the Prime Minister on matters referred to in this section or on such other matters as the Prime Minister may direct.

COMPULSORY RETIREMENT OF PUBLIC SERVANTS BY THE COMMISSION

4.	(1)	Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, for the purposes of ensuring the renewal of holders of public offices within the Public Service, the Commission after consultation with the Prime Minister may compulsorily retire any officer from the Public Service.

(2)	Notice of compulsory retirement shall be given by or on behalf of the Commission in writing to an officer to whom subsection (1) applies.

(3)	The notice referred to in subsection (2) shall state the day on which the officer to whom it is given shall be retired and shall be not less than 3 months after the day on which the notice is given to the officer.

SEVERANCE PAYMENT

5.	An officer retired in accordance with section 4 shall be entitled to receive from the Government a severance payment calculated at the rate of 1 month of the annual salary payable to the officer immediately before the day of retirement for each year served with the Vanuatu Government since 30 July 1980, and pro-rata for each uncompleted year.

PROVISIONS OF SECTIONS 4 AND 5 TO PREVAIL

6.	For the avoidance of doubt where the provisions of sections 4 and 5 are inconsistent or in conflict with the provisions of the Employment Act Cap. 160, the provisions of those sections shall prevail to the extent of such inconsistency or conflict.

COMMISSION TO HAVE POWER TO PROVIDE SERVICES TO STATUTORY BODIES

7.	(1)	The Commission may also provide any statutory body -

(a)	with advice on and assistance in the training of its staff;

(b)	with management consultation services;

(c)	with assistance in recruitment of staff.

(2)	The Commission may charge fees for any of the services it provides in accordance with subsection (1).

ANNUAL REPORTS

8.	(1)	The Commission shall as soon as is practicable after the end of each financial year furnish to the Prime Minister a report 6n the state of the efficiency and economy of the Public Service and on the operations of the Commission for the year ending on that date.

(2)	A copy of the report shall be laid before Parliament within 30 days after it is received by the Prime Minister but if Parliament is not sitting at the end of such 30 days it shall be laid before Parliament at the beginning of its next meeting.

DELEGATION OF POWERS AND FUNCTIONS

9.	(1)	The Commission may from time to time either generally or particularly delegate any of its powers and functions under this Act except those contained in sections 13 and 14 to a Commissioner or to Any officer who in this section shall include a person appointed to any office under the Constitution.

(2)	In any case where the Commission has delegated any of its powers to a Commissioner or any officer, that Commissioner or officer may, with the prior approval in writing of the Commission, delegate such of those powers to any other officer.

(3)	Subject to any general or special directions given by the Commission, the Commissioner or officer to whom any powers or functions are delegated may exercise those powers or functions in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by delegation.

(4)	Every Commissioner and other person purporting to act in accordance with a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(5)	Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or of specified classes of offices.

(6)	Every delegation shall be revocable in writing at will and no delegation shall prevent the exercise of any power or function by the Commission.

(7)	Any delegation shall, until it is revoked, continue in force notwithstanding any changes in the membership of the Commission.

(8)	Any investigation or inquiry which the Commission is empowered to conduct under this Act may be conducted by the Commission acting in its own right or by a Commissioner or any officer or any other person specially or generally appointed by the Commission to conduct the investigation or inquiry and to report thereon to the Commission and for the purposes of any such investigation or inquiry the powers and authority conferred on the Commission by section 15 shall attach to and may be exercised by any officer or other person so appointed.

TRANSFERS

10.	Subject to the power of the Prime Minister under Article 58(2) of the Constitution, the Commission may transfer any officer from one office or position to another office or position in the Public Service of equivalent rank, whether or not the transfer involves a change of location.

DISCIPLINARY OFFENCES

11.	Every officer commits a disciplinary offence for the purposes of disciplinary proceedings who -

(a)	by any wilful act or omission fails to comply with the requirements of this Act or of any order hereunder or of any official instrument made under the authority of the Commission or of the head of the department in which the officer is employed;

(b)	in the course of his duties disobeys, disregards or makes wilful default in carrying out any lawful order or instruction given by any person having authority to give the order or instruction or by word or conduct displays insubordination;

(c)	is negligent, careless, indolent, inefficient, or incompetent in the discharge of his duties;

(d)	behaves in a manner calculated to cause unreasonable distress to other officers or to affect adversely the performance of their duties;

(e)	uses intoxicating liquors or drugs to excess or in such manner as to affect adversely the performance of his duties;

(f)	improperly uses or removes property, stores, monies, stamps, securities or negotiable instruments for the time being in his official custody or under his control, or fails to take reasonable care of any such property, stores, monies, stamps, securities or negotiable instruments;

(g)	otherwise than in the proper discharge of his duties directly or indirectly discloses or for private purposes uses any information acquired by him either in the course of his duties or in his capacity as an employee;

(h)	absents himself from his office or from his official duties during hours of duty without leave or valid excuse, or is habitually irregular in the time of his arrival or departure from his place of employment;

(i)	is guilty of any improper conduct in his official capacity, or of any other improper conduct which is likely to affect adversely the performance of his duties or is likely to bring the Public Service into disrepute;

(j)	is guilty of any other offence prescribed from time to time by regulations made under this Act.

ESTABLISHMENT OF PUBLIC SERVICE DISCIPLINARY BOARD

12.	(1)	There is hereby established a Public Service Disciplinary Board which shall consist of five members appointed by the Public Service Commission who shall consist of -

(a)	a member of the Commission who shall be chairman;

(b)	two public officers from different departments to be nominated by the Association;

(c)	two other members.

(2)	The members of the Board shall hold office for a term not exceeding 3 years, but may be re-appointed.

(3)	Notwithstanding the provisions of subsection (2) every member of the Board shall continue to hold office until his successor is appointed.

(4)	No member shall sit on the Board on any case affecting an officer of the department in which the member is an officer, or on a case affecting himself.

(5)	If any member of the Board dies, or by notice in writing addressed to the Commission resigns his office, or refuses or neglects without sufficient cause to attend any duly appointed meeting of the Board or (being a service member) becomes employed in the department in which the other service member is already employed, his seat shall become vacant and the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made.

(6)	In the event of both service members of the Board being absent or unable for any reason to attend any meeting of the Board or to sit for the hearing of any particular case, an officer, nominated by the Association, or on failure of the Association to nominate, nominated by the Prime Minister, shall act in place of the service members of the Board at the meeting or at the hearing of the case as the case may be, and that officer shall for the purpose of this Act be considered a duly appointed service member of the Board for the purposes of the meeting or of the hearing of the case.

(7)	Notwithstanding anything in this section, the Board may, if in its opinion a case involves matters of a professional, technical or specialised nature, appoint a person who in its opinion has expert knowledge of such matters to be an assessor for the purposes of the case, and the assessor shall sit with the Board and in all respects act as an extra member thereof for the hearing and determination of the case, except that he shall have no vote in the determination of the case. 

HEARING AND CONFIRMATION OF DISCIPLINARY OFFENCES 

13.	(1)	All disciplinary offences shall be heard by the Board in accordance with rules that shall be prescribed.

(2)	Unless an appeal has been lodged in accordance with section 14(2) all decisions of the Board shall be subject to confirmation by the Commission not later than 30 days after they have been published or notified to the officer concerned.

(3)	The Commission may confirm decisions of the Board, vary such decisions or quash them.

(4)	If the Commission fails to confirm, vary or quash a decision of the board within the time provided in subsection (2) it shall be considered to have quashed the decision.

RIGHTS OF APPEAL BY OFFICERS APPOINTED BY THE COMMISSION

14.	(1)	Subject to the provisions of subsection (2) every officer other than an officer on probation appointed by the Commission shall have a right of appeal to the Commission in accordance with this section against any punishment imposed by the Board or an officer.

(2)	Notice of appeal under subsection (1) setting out the grounds of the appeal, shall be forwarded to the Secretary of the Commission in writing by registered post within 15 days after the date on which the decision has either been published or been notified to the officer concerned as the case may be or within such extended time as the Commission may in any case allow after good and sufficient reason has been shown in writing by the appellant.

(3)	The Commission may allow or disallow any appeal.

(4)	In any appeal the onus of proof shall rest with the appellant.

(5)	The proceedings of the Commission on appeal shall not be open to the public but any person authorised by the Commission may attend any hearing or part of a hearing.

(6)	At the hearing of any appeal the appellant shall be entitled to be present and may be represented or assisted by an advocate or any officer.

(7)	In matters not expressly provided for in this Act or in any regulations made under this Act the procedure of the Commission shall be such as it may determine.

(8)	Proceedings before the Commission shall not be held bad for want of form. No appeal shall lie from any decision of the Commission except on the ground of lack of jurisdiction and no proceedings or decisions of the Commission shall be liable to be challenged, reviewed, quashed, or called in question in any court.

(9)	Notwithstanding anything to the contrary in this Act or in any other written law the Commission may either before the hearing or at any time during the hearing of an appeal summarily dismiss or disallow the appeal without hearing it or without hearing it any further, as the case may be, on the ground that the appeal is frivolous or vexatious or should not otherwise have been brought or made.

POWERS OF COMMISSION AND BOARD TO SUMMON WITNESSES ETC.

15.	For the purpose of carrying out their functions in relation to disciplinary offences the Commission and the Board shall have the same powers and authority to summon witnesses and admit and receive evidence as does the Supreme Court.

OFFENCE TO ATTEMPT TO INFLUENCE COMMISSION OR BOARD

16.	(1)	Except as provided in subsection (3) no person shall in any way attempt to influence the Commission, the Board or any member in respect of any disciplinary case or appeal.

(2)	Any person who acts in contravention of the provisions of this section commits an offence and is liable on conviction to a fine not exceeding VT10,000.

(3)	Nothing in this section shall be so construed as to prohibit any person from giving information or making representations in respect of any case or appeal at the request or invitation of the Board or the Commission or as a witness or as a defendant or appellant or the representative of an officer appearing at a hearing before the Board or the Commission.

MEMBERSHIP AND RECOGNITION OF STAFF ASSOCIATION

17.	For the purpose of enabling officers to bring to the notice of the Commission any matter affecting their service apart from matters of promotion or discipline officers may belong to a Public Service Staff Association recognised by the Prime Minister for that purpose.

REGULATIONS

18.	(1)	The Prime Minister may by Order make regulations for the carrying out of the provisions of this Act and for the efficient management, control and working of the Public Service.

(2)	Different regulations may be made in respect of different classes of officers.

(3)	Without prejudice to the generality of subsections (1) and (2) the Prime Minister may in particular make regulations with respect to any of the following matters –

(a)	the promotion of efficiency and economy in the Public Service;

(b)	for prescribing standards of and conditions relating to office accommodation and the physical working conditions of officers;

(c)	for facilitating the classification and grading of officers;

(d)	generally for prescribing the terms and conditions of service and employment of officers;

(e)	generally with regard to matters arising out of or in the course of the employment of officers;

(f)	generally for prescribing the terms and conditions which may be imposed in or in respect of any contracts or arrangements relating to the Public Service entered into between the Government on the one hand and its officers or any other person on the other hand;

(g)	generally for prescribing fees, allowances and expenses that may be paid to any person for carrying out any functions or duties prescribed or provided for by this Act;

(h)	for prescribing further disciplinary offences;

(i)	generally for prescribing the responsibilities and duties of officers;

(j)	generally providing for and facilitating the training and examination of officers;

(k)	for prescribing further matters or decisions in respect of which a right of appeal shall lie to the Commission.

PUBLIC SERVICE INSTRUCTIONS

19.	(1)	The Prime Minister or the Public Service Commission may from time to time issue Public Service Instructions covering every aspect of the work and privileges of officers.

(2)	Different Public Service Instructions may be made for and in respect of different classes of officers.

(3)	It shall not be necessary for instructions made under this section, which shall be for the internal use, guidance, assistance and general conduct of officers and which shall form part of the conditions of service of officers to be published in the Gazette.

(4)	Whenever there is any conflict between any instruction made under this section and any regulations made under section 18 or any provision of this Act, the Constitution or any written law the regulations or provisions shall prevail.

OFFENCE TO ATTEMPT TO INFLUENCE COMMISSION

20.	(1)	Except as provided in subsections (3) and (4) of this section, every person shall commit an offence who directly or indirectly solicits or endeavours to influence the Commission or any Commissioner or any officer to whom any of the powers or functions of the Commission have been delegated under section 9 of this Act, with respect to its or their decisions.

(2)	Every person who commits an offence against this section is liable on conviction to a fine not exceeding VT10,000.

(3)	Nothing in this section shall apply to any person giving information, advice or making representations to the Commission in respect of any matter whatsoever at the request or invitation of the Commission or in compliance with directives made by or procedures established by the Commission.

(4)	Nothing in this section shall be construed so as to prevent the Association from making representation to the Commission on any matter affecting the salaries, wages or conditions of employment of any officer or class of officers.

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[Subsidiary]

SUBSIDIARY LEGISLATION

PUBLIC SERVICE DISCIPLINARY BOARD (PROCEDURE) RULES

Order 59 of 1982

ARRANGEMENT OF RULES

RULES

1.	Interpretation
2.	Sittings of the Board
3.	Representation by an advocate or agent
4.	Commencement of proceedings and charge
5.	Notice by the officer
6.	Witness summons to be served on witnesses
7.	Non-appearance of officer
8.	Officer to be called upon to plead
9.	Procedure on plea of not guilty
10.	Acquittal of the officer when no case to answer
11.	The defence
12.	Evidence in reply
13.	Addressing the Board
14.	The decision
15.	Disciplinary punishments
16.	Amendment of charge
17.	Adjournment
18.	Manner of recording evidence before the Board
19.	Evidence to be taken in presence of the officer
SCHEDULE
Part 1- Charge
Part 2- Notice of intention to call witness(es) at the hearing
Part 3- Witness summons
Part 4- Order on determination of charge

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SUBSIDIARY LEGISLATION

PUBLIC SERVICE DISCIPLINARY BOARD (PROCEDURE) RULES

To provide rules of procedure for the Public Service Disciplinary Board.

INTERPRETATION

1.	In these rules, unless the context otherwise requires –

"Act" means the Public Service Act, Cap. 129;

"Board" means the Public Service Disciplinary Board established under section 12 of the Act;

"chairman" means a member of the Commission appointed as chairman of the Board under section 12 of the Act;

"member" means a member of the Board other than chairman appointed under section 12 of the Act;

"written statement" means a written statement produced in disciplinary proceedings and includes any annexures or exhibits referred to therein.

SITTINGS OF THE BOARD

2.	(1)	The Board shall sit at such times and places as the chairman shall direct.

(2)	Subject to subrule (3), all proceedings before the Board shall be open to the public.

(3)	The Board may in having regard to public interest direct that any proceedings or a part thereof be heard in private.

REPRESENTATION BY AN ADVOCATE OR AGENT

3.	The officer charged with a disciplinary offence may be represented by an advocate or an agent nominated by him.

COMMENCEMENT OF PROCEEDINGS AND CHARGE

4.	(1)	Every proceeding before the Board shall be commenced by a charge brought by the Public Service Commission.

(2)	A copy of the charge shall be served on the officer charged together with copies of all statements or other documents relevant to the charge.

(3)	A charge issued under this rule shall be in the form set out in Part 1 of the Schedule.

NOTICE BY THE OFFICER

5.	(1)	If the officer charged requires the attendance of a witness whose statements have been served on him under rule 4, he shall give notice thereof to the chairman.

(2)	A notice under this rule shall be in the form set out in Part 2 of the Schedule.

WITNESS SUMMONS TO BE SERVED ON WITNESSES

6.	(1)	The chairman shall cause to be served on every witness a notice to attend the Board and to bring and produce to the Board such documents and other things in his possession or under his control, if any, as shall be specified in the notice.

(2)	A notice under this rule shall be in the form set out in Part 3 of the Schedule.

NON-APPEARANCE OF OFFICER

7.	If the officer served with the charge does not attend the hearing, the Board may proceed with the matter in his absence.

OFFICER TO BE CALLED UPON TO PLEAD

8.	(1)	The substance of the charge shall be stated to the officer by the chairman and he shall be asked whether he admits or denies the charge.

(2)	Subject to subrule (5) if the officer admits the charge, his admission shall be recorded as nearly as possible in the words used by him, and the Board shall impose a punishment without hearing further evidence, unless there shall appear to it sufficient cause to the contrary.

(3)	If the officer denies the charge the Board shall proceed to hear the case as hereinafter provided.

(4)	If the officer refuses to plead, the Board shall order a plea of not guilty to be entered for him.

(5)	Notwithstanding the foregoing provisions of this rule upon an admission of a charge by the officer the Board may make brief enquiry into the nature of the facts admitted and if the Board has reason to believe that he may not be guilty of the offence charged, it shall substitute a plea of not guilty and proceed to hear the case.

PROCEDURE ON PLEA OF NOT GUILTY

9.	(1)	If a plea of not guilty has been entered, the Board shall proceed to hear the witnesses.

(2)	The officer or his advocate or agent may put questions to each witness produced against him.

(3)	If the officer is not represented by an advocate or agent the Board shall, at the close of the examination of each witness for the Board, ask the officer whether he wishes to put any questions to that witness and shall proceed accordingly.

ACQUITTAL OF THE OFFICER WHEN NO CASE TO ANSWER

10.	If at the close of the evidence in support of the charge, it appears to the Board that a prima facie case is not made out against the officer so as to require him to make a defence, the Board shall dismiss the case.

THE DEFENCE

11.	(1)	If at the close of the evidence in support of the charge, it appears to the Board that a case is made out against the officer sufficiently to require him to make a defence, the Board shall again explain the substance of the charge to him and ask him whether he has any witnesses or other evidence in his defence, and the Board shall then hear any such witnesses and other evidence.

(2)	If the officer produces in his defence, the Board shall have the right to question such witnesses.

(3)	If the officer states that lie has witnesses to call but that they are not present at the hearing and the Board is satisfied that the absence of such witnesses is not due to any fault or neglect of the officer an that there is a likelihood that they could, if present, give material evidence on his behalf, the Board may adjourn the hearing and take such steps as it shall think fit to compel the attendance of such witnesses.

EVIDENCE IN REPLY

12.	If the officer gives evidence in his defence introducing new matter which could not by the exercise of reasonable diligence have been foreseen, the Board may give evidence to rebut such matter.

ADDRESSING THE BOARD

13.	(1)	The officer, his advocate or agent may address the Board at the commencement of the defence before the witnesses for the defence are called.

(2)	After the close of the evidence for the defence and in rebuttal if any, the officer, his advocate or agent may address the Board.

(3)	Where there are several officers charged the order of addresses to the Board by or on behalf of the officers shall follow the order in which their names appear on the charge.

THE DECISION

14.	(1)	When the evidence and the addresses, if any, have been completed the Board shall take a decision on each count of the charge.

(2)	Decisions taken by the Board in relation to any disciplinary charge shall be by simple majority.

(3)	Every decision of the Board shall be in the form set out in Part 4 of the Schedule.

(4)	The chairman shall read out the decision of the Board in the presence of the officer and the chairman shall forthwith inform the officer of his right of appeal under section 14 of the Act.

DISCIPLINARY PUNISHMENTS

15.	(1)	In every proceeding the Board may impose any 1 or more of the following punishments as it shall think just -

(a)	warning;

(b)	reprimand;

(c)	suspension of increment;

(d)	demotion;

(e)	temporary suspension from employment for a period not exceeding 6 months, with any consequential loss of retirement benefits or a part thereof; dismissal and loss of retirement benefits in whole or in part.

AMENDMENT OF CHARGE

16.	(1)	Where it appears to the Board that the charge is defective, the Board may make such order for the amendment of the charge as the Board considers necessary to meet the circumstances of the case, unless, having regard to the merits of the case, the required amendments cannot be made without injustice.

(2)	An amendment may be made before a hearing or at any stage of a hearing before the close of the case against the officer.

(3)	Where in its opinion, any amendment, addition or replacement as specified in subrule (1) is likely to take any party by surprise or may be prejudicial to the conduct of any person's case, the Board shall adjourn the hearing.

ADJOURNMENT

17.	Before or during the hearing of any case the Board may adjourn the hearing to a time and place to be then appointed and stated in the presence and hearing of the officer charged and his advocates or agents.

MANNER OF RECORDING EVIDENCE BEFORE THE BOARD

18.	(1)	In any hearing before the Board, the evidence of the witnesses shall be recorded in the following manner -

(a)	the deposition of each witness shall be recorded in writing in English, French or Bislama by the chairman, or in his presence and hearing and under his personal direction and supervision, and shall be signed by the chairman and shall form part of the record;

(b)	depositions shall not ordinarily be recorded in the form of question and answer, but in the form of a narrative:

Provided that the chairman may, in his discretion, record or cause to be recorded any particular question and answer;

(c)	whenever the evidence of a witness is given in English, French or Bislama, the chairman may, if he is satisfied that he is sufficiently conversant with these languages, record or cause to be recorded such evidence in any other of the said languages without the use of an interpreter.

(2)	When the chairman has recorded the evidence of a witness he shall also record such remarks (if any) as he considers material respecting the demeanour of such witness whilst under examination.

EVIDENCE TO BE TAKEN IN PRESENCE OF THE OFFICER

19.	(1)	Except as otherwise expressly provided, all evidence taken in any hearing by the Board shall be taken in the presence of the officer charged.

(2)	Whenever any evidence is given in a language not understood by the officer charged, and he is present in person, it shall be interpreted to him in a language understood by him.

(3)	If the officer appears by an advocate and the evidence is given in a language other than English or French and not understood by the advocate, it shall be interpreted to such advocate in English or French.

(4)	If the chairman has sufficient knowledge of English, French or Bislama, he may, without the use of an interpreter, translate from one into any other of the said languages with which he is conversant.

(5)	The law relating to hearsay evidence shall not apply to any proceedings before the Board.

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SCHEDULE

PART 1
(rule 4)
CHARGE

DISCIPLINARY CAUSE No.	OF 19

To:	........................................................... of .........................................................……..

1.	You are hereby charged that on or about ................................................. 19.......... at ........................................ you ....................................................................................................................................................................................................................................................................................................................................................................................................................... such acts* or omissions* being contrary to ...........................................................................................................................……

2.	And you are hereby required to attend before the Board at ................................... on the .............................. day of ................................... 19................ at the hour of ......................... in the ......................... noon, and so from day to day until the charge(s)* against you is heard, to answer to the said charge(s).

DATED at ......................... this ......................... day of ............................... 19 ..............

...........................................
Chairman

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NOTE:	To be completed by the officer or lawyer or agent representing him. I hereby accept and acknowledge receipt of the charge(s)*.

.......................................................			.................………...................
Signature							Date

(Detach this Note and return to the Board)
(*delete whichever is not applicable).

PART 2

(rule 5)

NOTICE OF INTENTION TO CALL WITNESS(ES) AT THE HEARING

DISCIPLINARY CAUSE No.	OF 19

In the matter of ............................................................................................................ and in the matter of the Public Service Disciplinary Board (Procedure) Rules.

To:	Chairman

Whereas on the ......................... day of ................................... 19............... I received a copy of the charge together with copies of statements by witnesses in this matter;

I therefore intend that the following witness or witnesses whose statements I have to be present and be called at the hearing -

................................................................
................................................................
................................................................
................................................................

DATED at ....................... this ....................... day of ............................ 19...........

...........................................
Signature

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NOTE:	To be completed by the Chairman or any Member or any officer thereof accepting service. I hereby accept and acknowledge receipt of this Notice.

......................................................			..................................…….
Signature								Date

(Detach this Note and return to the officer or to his advocate or to his agent)

PART 3
(rule 6)

WITNESS SUMMONS

DISCIPLINARY CAUSE No.	OF 19

In the matter of ............................................................................................................ and in the matter of the Public Service Disciplinary Board (Procedure) Rules.

To:  ........................................................... of ...........................................................…..

You are hereby required to attend before the Board at .......................................................... on the .............................. day of ................................... 19............... at the hour of ......................... in the ......................... noon, and so from day to day until the charge in the above matter has been heard, to give evidence on behalf of .................................................. and also to bring with you and produce the following -

DATED at ....................... this ........................ day of ............................. 19............

...........................................
Chairman

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NOTE:	To be completed by the officer or his lawyer or agent, and any other person who has been served with this notice.

I hereby accept and acknowledge receipt of this Witness Summons.

......................................................			..................................………….
Signature								Date

(Detach this Note and return to the Board)

PART 4
(rule 14)

ORDER ON DETERMINATION OF CHARGE

DISCIPLINARY CAUSE No.	OF 19

In the matter of ............................................................................................................ and in the matter of the Public Service Disciplinary Board (Procedure) Rules.

WHEREAS	A charge having been brought by the Public Service Commission that ................... of .................................................................... did ..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

AND WHEREAS the Board having inquired into the truth of the charge;

AND WHEREAS the Board on finding the charged not proved/proved

NOW THEREFORE IT IS HEREBY ORDERED AS FOLLOWS -

................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

GIVEN under our hands at .................... this ..................... day of .................... 19.........

......................................................		......................................................
Chairman						Member

......................................................		......................................................
Member						Member

......................................................
Member

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