Public Service (Amendment) Act 2010

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PublicService_Amendment_Act2010Gazetting


Act No. 34 of 2010




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PUBLIC SERVICE (AMENDMENT) ACT
2010

Public Service (Amendment) Act 2010 Arrangement of Sections





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Act No. 34 of 2010 Page 3




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PUBLIC SERVICE (AMENDMENT) ACT 2010

Arrangement of Sections
Section

2 Section 2 replaced - Exemptions ................................................................ 5
3 Section 3 amended - Interpretation ............................................................ 5
4 New sections 4A, 4B and 4C inserted – Powers and Fuctions of Prime

Minister, Objects, and Principles ................................................................ 6
5 Section 5 amended - Establishment and operation of Commission ....................... 8
6 Section 6 replaced - Principal functions of the Commission ................................. 9
7 Section 7(3) amended - Powers of the Commission ............................................ 10
8 Section 8 amended - Annual and reporting obligations f Commission ............. 10
9 Section 9(1) amended - Delegation of powers ..................................................... 11
10 Section 10 amended - Secretary of Commission ................................................. 11
11 Section 13 replaced - Appointment of Heads of Department .............................. 11
12 New sections 13A, 13B, 13C, 13D, 13E and 13F inserted .................................. 12
13 Section 15 Amended - Redundancy ..................................................................... 14
14 Section 16 replaced - Notice of resignation .................................................. 15
15 Section 18 amended - Daily paid worker ...................................................... 15
16 Section 19 replaced – Code of Conduct ............................................................... 15
17 New section 19A inserted – Serious Breach of Code ........ ................................. 15
18 Section 20 replaced - Candidacy for Legislative Assembly ................................ 16
19 Section 21(2) amended - Dispute resolution and discipl nary matters ................ 16
20 New Part VA inserted - Public Service Tribunal ...... ....................................... 16
21 Section 23 amended - Policy Manual ........................................................... 19
22 New sections 23A and 23B inserted ............................................................. 19
23 Section 26 amended - Transition for Heads of Departmen ................................. 19
24 New section 26A - Transition for Commissioners...... .................................... 20
25 New Schedules ................................................................................................ 20



Public Service (Amendment) Act 2010 Section 1





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Act No. 34 of 2010 Page 5




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PUBLIC SERVICE (AMENDMENT) ACT 2010
Act No. 34 of 2010

AN ACT TO AMEND THE PUBLIC SERVICE ACT

I assent,
GEORGE TUPOU V,
20th September 2010.


BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:
____________________________________________________________________

1 Short Title

(1) This Act may be cited as the Public Service (Amendment) Act 2010.

(2) The Public Service Act 2002 is in this Act referred to as the Principal Act.

2 Section 2 replaced - Exemption

Section 2 of the Principal Act is amended by deleting it and replacing it with the
following:



“2 Exemptions from this Act

Any person appointed under the legislation listed un er Schedule II of
this Act shall be exempted from the provisions of this Act.”.

3 Section 3 amended - Interpretation

Section 3 of the Principal Act is amended by –

Section 4 Public Service (Amendment) Act 2010





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(a) Deleting the word “Head of Department” and its definition, and substituting it
with the following –



““ Chief Executive Officer” means any person in charge of the
administration of a Ministry, who is employed under a fixed contract of
employment under this Act;”.

(b) Amending the definition of “Ministry” by deleting the definition and
replacing it with the following:



“Ministry ” means any ministry, department or office listed in Schedule
I of this Act;”.



(c) Inserting the following where appropriate –


“ “relevant Minister ” means a Minister of His Majesty’s Cabinet who
is appointed to be responsible for a Government Ministry; and

“Tribunal ” means the Public Service Tribunal established under this
Act; and

“Non political” or “Apolitical ” means employees performing their
duties in an impartial, ethical and professional manner without
involving in any political activities including not associating with any
association that has a political mandate which is or may be contrary to
Government policy;”.

4 New sections 4A, 4B and 4C inserted – Powers and Functions of Prime
Minister, Objects and Principles

The Principal Act is amended by inserting after section 4 the following new
provisions –



“4A Powers and Functions of the Prime Minister

The powers and functions of the Prime Minister under this section shall
be to –

(a) appoint the Commissioners with the consent of Cabinet in
accordance with due process;

(b) ensure that the Commissioners comply with this Act; and

(c) report to Cabinet on the activities of the Commission.



4B Objects of this Act

The objects of this Act are to –

Public Service (Amendment) Act 2010 Section 5





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Act No. 34 of 2010 Page 7




(a) establish an apolitical public service that is effective and efficient
in serving the Government and the public;

(b) provide a legal framework for the effective and efficient
management and leadership of the Public Service;

(c) define the powers, functions and responsibilities of the Prime
Minister, the Commission, relevant Ministers and Chief
Executive Officers; and

(d) establish rights and obligations of Public Service employees.



4C Principles of the Public Service

The Public Service shall apply the following principles –

(a) The Public Service is apolitical, performing its functions in an
impartial, professional and competent manner;

(b) Adopts a merit based employment policy;

(c) Shall be ethical and accountable for its actions to the public in
providing satisfactory service;

(d) Makes all decisions in a transparent and merit based manner;

(e) Uses all Government resources responsibly and efficiently;

(f) Is accountable and responsive to the Government in providing
honest, comprehensive, accurate and timely advice and in
implementing the Government’s policies and programs;

(g) Has leadership of the highest quality;

(h) Establishes workplace relations that value communication,
consultation and co-operation with employees on matters that
affect their workplace;

(i) Provides a fair, flexible, safe and rewarding workplace that is
free from discrimination and recognizes the diverse background
of employees;

(j) Focuses on achieving results and managing performance;

(k) Provides a fair system of review of decisions taken in respect of
employees;

(l) When dealing with members of the public and Government,
demonstrate at all times respect, integrity, honesty, diligence, and
accountability; and

(m) Perform duties at all times in a manner that meets and promotes
effectiveness, efficiency and transparency in a non p litical and
impartial manner.”.

Section 5 Public Service (Amendment) Act 2010





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5 Section 5 amended - Establishment and operation o f Commission

Section 5 of the Principal Act is deleted and substituted with the following:


“5 Establishment and operation of Commission

(1) There shall be established a Public Service Commission.

(2) The Commission shall comprise of 5 members. In the event the
Office of a Commissioner is vacated, the Office shall be filled
within three consecutive months.

(3) The Prime Minister, with the consent of Cabinet, shall appoint all
the members of the Commission, one shall be the Chairman and
one shall be the Deputy Chairman.

(4) Subject to subsection (5), a person may be appointed as a
Commissioner if he –

(a) has at least five years experience as a senior administrator
or held appropriate executive management office for m e
than five years; and

(b) has special knowledge, experience, or skills reevant to the
functions of the Commission.

(5) The following persons shall not be appointed as a Commissioner:

(a) is an un-discharged bankrupt;

(b) a person who had been convicted of an indictable offence;

(c) a person who is insolvent; or

(d) is an existing public servant or Minister.

(6) The Commissioners shall serve for a term of up to 5 years, and
may be re-appointed for another term. A Commissioner may
serve a maximum of 2 terms.

(7) The Office of the Commissioner shall be deemed vacated in the
occurrence of any of the following –

(i) conviction of an indictable offence;

(ii) declared a bankrupt;

(iii) death;

(iv) resignation; or

(v) upon termination of appointment.

(8) The Commission may set its own procedures.

(9) The remuneration of the members of the Commission hall be
determined by the Remuneration Authority.

(10) The members of the Commission may serve on a part time basis.

Public Service (Amendment) Act 2010 Section 6





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Act No. 34 of 2010 Page 9




(11) The quorum of the Commission shall be three (3) members, one
of whom shall be the Chairman, and in the absence of the
Chairman, the Deputy Chairman shall be Chairman.

(12) The Chairman shall be the head of the Commission and shall:

(a) be responsible for the efficient and effective operation of
the Commission;

(b) call and attend regular meetings of the Commission; and

(c) preside over the meetings of the Commission.

(13) The Prime Minister, with the consent of Cabinet, by notice in
writing, remove any member of the Commission who —

(a) is unable to perform the duties of a member of the
Commission;

(b) gives written notice of his resignation; or

(c) commits serious misconduct.”.

6 Section 6 replaced - Principal functions of the C ommission

Section 6 of the Principal Act is deleted and substituted with the following -



“6 Principal Functions of the Commission

The functions of the Commission are to–

(a) develop systems, standards and procedures for the continual
performance improvement and performance management of the
Public Service;

(b) act as adviser to Government on the management of the Public
Service;

(c) consult with the Prime Minister on a regular basis regarding the
performance of the Public Service;

(d) advise the Prime Minister on, and monitor the implementation of,
public employment policies;

(e) ensure that the Public Service upholds the Public Service
Principles;

(f) appoint, promote, confirm, discipline and dismis employees and
resolve employment disputes;

(g) determine the respective designations and other erms and
conditions, including the remuneration, for employment for
employees subject to the approval of Cabinet;

(h) promote, uphold and ensure adherence to the merit principle in
the selection of persons as, and the promotion and transfer of,
employees;

Section 7 Public Service (Amendment) Act 2010





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(i) determine practices and procedures relating to the recruitment
and appointment of persons as employees, the promotion f
employees and the employment, transfer, secondment,
redeployment, discipline and termination of employment of
employees and any other matters relating to human resou ce
management;

(j) consult with and advise Chief Executive Officers in relation to
the development and application of appropriate human resource
practices and procedures in their respective Ministr es;

(k) consult with Chief Executive Officers in relation to the
application of public employment policies in their respective
Ministries;

(l) co-ordinate training, education and development programs
regarding the Public Service in conjunction with Chief Executive
Officers;

(m) assist as appropriate Chief Executive Officers in evaluating the
performance of employees employed in their Ministrie ;

(n) consult with Chief Executive Officers on the development of
appropriate standards and programs of occupational he lth and
safety;

(o) conduct or cause to be conducted inquiries and investigations
into, and reviews of, the management practices of Ministries;

(p) assist as appropriate Chief Executive Officers in the performance
of their functions relating to the management of their Ministries;

(q) manage and mitigate disputes and grievances;

(r) regularly consult stakeholders on matters regarding the interests
of the employees;

(s) assess or undertake, in consultation with the relevant Minister, an
annual performance review of the Chief Executive Officers; and

(t) such other functions as are imposed by or under this or any other
Act, or as directed by the Prime Minister.”.

7 Section 7(3) amended - Powers of the Commission

Section 7(3) of the Principal Act is amended by deleting “$2,000” and substituting it
with “$5,000”.

8 Section 8 amended - Annual and reporting obligati ons of Commission

Section 8 of the Principal Act is amended by –

(a) deleting subsection (1) and substituting it with:



Public Service (Amendment) Act 2010 Section 9





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Act No. 34 of 2010 Page 11




“The Chairman shall by end of May of each calendar year furnish a
report to the Prime Minister relating to the operations of the
Commission and on the efficiency and effectiveness of the Public
Service.”; and

(b) deleting subsection (2).

9 Section 9(1) amended - Delegation of powers

Section 9(1) of the Principal Act is amended by inserting after the word “writing”,
the words “to a Minister or Chief Executive Officer”.

10 Section 10 amended - Secretary of Commission

Section 10 of the Principal Act is amended by –

(a) deleting “Secretary of” in the marginal note and substituting it with “Chief
Executive Officer of the”;

(b) deleting “Secretary as Head of Department” in subsection (1), and substituting
it with “Chief Executive Officer of the Commission”; and

(c) in subsection (2), deleting “Secretary” and substituting it with “Chief
Executive Officer”.

11 Section 13 replaced - Appointment of Heads of De partment

Section 13 of the Principal Act is deleted and substituted with the following –


“13 Chief Executive Officers

(1) There shall be a Chief Executive Officer(s) for each Ministry.

(2) The Commission shall, after consultation with te relevant
Minister, appoint in writing, a person to be the Chief Executive
Officer of a Ministry.

(3) An appointment made under subsection (2) shall, as soon as
practicable after it is made, be notified in the Gazette.

(4) The Chief Executive Officer shall be employed under a fixed
contract of employment for a term of up to 4 years. At the end of
the contract, the position shall be re-advertised and filled through
the normal process. The present CEO may re-apply and may be
re-appointed if successful in the recruitment process.

(5) The Commission shall, after consultation with te relevant
Minister, remove a Chief Executive Officer of a Ministry from
Office due to non performance or misconduct.”.

Section 12 Public Service (Amendment) Act 2010





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12 New sections 13A, 13B, 13C, 13D and 13E inserted

The Principal Act is amended by inserting after section 13 the following new
provisions –



“13A Accountability of Chief Executive Officers

(1) A Chief Executive Officer shall be responsible to the relevant
Minister for the performance of the Chief Executive Officer's
functions under this Act in relation to his Ministry, and for its
proper, efficient and economic administration.

(2) A Chief Executive Officer shall comply with all Instructions
applicable to the Chief Executive Officer or his Ministry and to
all directions given under this Act by the Commission.

13B Functions of Chief Executive Officers

Subject to section 13A (1), a Chief Executive Officer shall have the
following functions, to:

(a) devise and implement financial and management plans for his
Ministry, in accordance with Government planning and budget
process, and monitor the Ministry's financial and administrative
performance;

(b) ensure the delivery of public services meets the needs of citizens
in a cost efficient, service effective and diligent manner;

(c) uphold and promote the Public Service Principles;

(d) devise organisational structures and operational arrangements
which are aligned to the Ministry’s strategic plans;

(e) ensure the attainment by the Ministry of any objective set by the
relevant Minister in accordance with the approved bu get;

(f) assign duties to be performed by each employee in the Ministry;

(g) direct the employees in the Chief Executive Officer's Ministry;

(h) evaluate and manage the performance of employees in the
Ministry;

(i) assign designations to employees in the Ministry and to vary
such designations in accordance with designation systems,
standards and procedures determined by the Commission;

(j) assist employees in the Ministry to undertake relevant training,
education and development programs that meet the Ministry’s
priority skill needs;

(k) devise and implement programs to ensure that employees have
equal opportunities in relation to their employment in accordance
with the merit principle;

(l) ensure the application in his Ministry of approiate health and
safety standards and programs;

Public Service (Amendment) Act 2010 Section 12





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Act No. 34 of 2010 Page 13




(m) ensure that public complaints pertaining to servic delivery is
dealt with in a timely and effective manner; and

(n) such other functions as are imposed on the Chief Ex cutive
Officer by or under this or any other Act.



13C Acting Chief Executive Officer

(1) A relevant Minister may in writing, appoint a person to act as
Chief Executive Officer of a Ministry during any period, or
during all periods, when the Chief Executive Officer is absent
from duty or from the country, or during a vacancy in the office.

(2) That the post of Chief Executive Officer may be filled in an
Acting capacity for not more than 12 months following which it
must be filled at the end of the 12 months.

(3) The relevant Minister may –

(a) with the approval of the Commission determine th terms
and conditions, including the remuneration, of a person
appointed to act in the office of the Chief Executive
Officer; and

(b) at any time, in his absolute discretion, terminate such an
appointment.

(4) Where a person appointed to act as a Chief Executiv Officer is
otherwise employed under a contract of employment, that
contract shall be deemed to have been varied for the duration of
the period of his appointment under this section to the extent of
the determination under subsection (3).

(5) A person appointed to act as a Chief Executive Officer may
resign office as Acting Chief Executive Officer in writing
delivered to the relevant Minister.



13D Powers of Chief Executive Officers

A Chief Executive Officer has such powers as are necessary to enable
him to carry out his functions, or exercise his powers, under this or any
other Act and, subject to this Act.



13E Delegation by Chief Executive Officers

(1) A Chief Executive Officer may, in writing, delegate any of the
Chief Executive Officer's functions or powers under this Act,
other than this power of delegation, to an employee employed in,
or the holder from time to time of a particular designation or
office in, his Ministry.

Section 13 Public Service (Amendment) Act 2010





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(2) A function or power delegated under this section, when
performed or exercised by the delegate, shall, for the purposes of
this Act, be deemed to have been performed or exercised by the
Chief Executive Officer.

(3) A delegation under this section does not prevent the performance
of a function or the exercise of a power by the Chief Executive
Officer.

(4) A delegation can be withdrawn in writing by the Chief Executive
Officer.

(5) Every Ministry shall keep a register of all delegations issued in
writing.



13F Annual Reports by Chief Executive Officer

(1) Subject to subsection (3), a Chief Executive Officer shall prepare
for the relevant Minister a report of the operations of the
Ministry by the end of May of each calendar year, and ny other
necessary statements through the year as required by the relevant
Minister.

(2) The report under subsection (1) shall contain such information as
is necessary to enable an informed assessment of the operations
of the Ministry including a comparison of the performance of the
Ministry with the relevant corporate plan.

(3) A report under subsection (1) shall, at a minimum, contain
information about –

(a) the functions and objectives of the Ministry;

(b) the legislation administered by the Ministry;

(c) the organisation of the Ministry;

(d) the Ministry's operations, performance against objectives,
initiatives and achievements in the delivery of services to
the community;

(e) the financial planning and performance of the Ministry;
and

(f) human resource management programs.

13 Section 15 Amended - Redundancy

Section 15 of the Principal Act is amended by deleting “recommend to Cabinet” and
substituting them with “in consultation with the Chief Executive Officer,
recommend to the relevant Minister”.

Public Service (Amendment) Act 2010 Section 14





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Act No. 34 of 2010 Page 15




14 Section 16 replaced - Notice of resignation

Section 16 of the Principal Act is deleted and substituted with the following –



“16 Notice of resignation

Any employee wishing to resign from the Public Service shall give
written notice of his resignation as required by policy.”.

15 Section 18 amended - Daily paid worker

Section 18 of the Principal Act is amended by deleting “Head of Department” and
replacing it with “Chief Executive Officer”.

16 Section 19 replaced – Code of Conduct

Section 19 of the Principal Act is deleted and substituted with the following –



“19 Code of Ethics and Conduct

The Commission shall, with the consent of Cabinet, issue a Code of
Ethics and Conduct for the Public Service, which shall be published in
the Gazette, and which all employees in the Public Service shall
comply with.”.

17 New section 19A inserted – Serious Breach of Cod e

The Principal Act is amended by inserting after section 19 the following new
provision –



“19A Serious Breach of Code

(1) An employee may report a serious breach of the Code of Ethics
and Conduct to the Chief Executive Officer, if in relation to
another employee, or to the Commission, if the report relates to
the Chief Executive Officer or an issue that would be
inappropriate to report to the relevant Chief Executive Officer.

(2) Upon receipt of a report under subsection (1) the Chief Executive
Officer or the Commission shall, unless the report is considered
to be scandalous, frivolous or vexatious:

(a) investigate it; or

(b) appoint another person to investigate it.

Section 18 Public Service (Amendment) Act 2010





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(3) The Chief Executive Officer or the Commission shall ensure that
the findings of an investigation are dealt with as soon as
practicable.

(4) A Chief Executive Officer or employee shall not victimise, or
discriminate against an employee due to the employee reporting
a serious breach, or an alleged serious breach of discipline to a
Chief Executive Officer or the Commission.

(5) Any person who contravenes subsection (4) commits an offence
and shall be liable on conviction to a fine not exceeding $1,000
or to imprisonment not exceeding one year or both.

(6) The Chief Executive Officer or the Commission shall provide
information about the protection available under this section to
persons making reports.”.

18 Section 20 replaced - Candidacy for Legislative Assembly

Section 20 of the Principal Act is deleted and substituted with the following –



“20 Candidacy for Legislative Assembly, town officer or district officer

A Chief Executive Officer or employee in the Public Service shall
resign upon registering as a candidate for election to the Legislative
Assembly, the office of town officer or district officer.”.

19 Section 21(2) amended - Dispute resolution and d isciplinary matters

Section 21(2) of the Principal Act is amended by deleting “Cabinet” and replacing it
with “the Public Service Tribunal”.

20 New Part VA inserted - Public Service Tribunal

The Principal Act is amended by inserting after Part IV a new Part VA as follows:



“PART VA – PUBLIC SERVICE TRIBUNAL



21A Establishment of Tribunal

(1) There shall be a Public Service Tribunal established under this
Act.

(2) The Tribunal shall hear appeals regarding any decision made by
the Commission regarding an employee under this Act or any
regulations made under this Act.



Public Service (Amendment) Act 2010 Section 20





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Act No. 34 of 2010 Page 17




21B Appointment of Tribunal members

(1) The Tribunal shall consist of a Chairman and two other
members, of which two shall constitute a quorum.

(2) The Prime Minister shall with the consent of Cabinet, appoint the
Chairman of the Tribunal, who shall be a private law practitioner
who is a senior counsel with a valid law practitioner’s licence.

(3) The Chairman shall hold office, for a term of three years or until
he resigns as Chairman by notice in writing to the Prime
Minister.

(4) The Prime Minister shall, with the consent of Cabinet, appoint
the other members of the Tribunal.

(5) Subject to subsection (6), a person may be appointed as a
member if he —

(a) has at least 5 years experience as a senior administrator; or

(b) has special knowledge, experience, or skills reevant to the
functions of the Tribunal.

(6) The following persons shall not be appointed as a member —

(a) an un-discharged bankrupt;

(b) a person who had been convicted of an indictable offence;

(c) a person who is insolvent; or

(d) is an existing public servant or Minister.

(7) A member of the Tribunal shall be appointed for a term of three
years and shall be eligible for re-appointment.

(8) The Prime Minister may, with the consent of Cabinet, by notice
in writing, remove any member who —

(a) is unable to perform the duties of a member of the
Tribunal; or

(b) gives written notice of his resignation.

(9) A member who has a personal or any other interes in a matter
before the Tribunal shall disclose the fact to the C airman.

(10) The remuneration of the members of the Tribunal shall be
determined by the Remuneration Authority





21C Appeals

(1) Any person who is dissatisfied with a decision of the
Commission may appeal to the Tribunal.

(2) An appeal under subsection (1) —

(a) shall be in writing; and

Section 20 Public Service (Amendment) Act 2010





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(b) shall be lodged with the Secretariat of the Tribunal within
14 days after the person making the application has been
served with written notice of the Commission’s decision.

(3) The Tribunal may, upon application in writing before the due
date, extend the time for making an appeal.



21D Procedures of the Tribunal

The Tribunal may set its own procedures for the conduct of hearings.


21E Secretariat to the Tribunal

(1) The Prime Minister shall appoint a Secretariat to the Tribunal.

(2) The Secretariat shall -

(a) receive notices of appeal from decisions of the
Commission;

(b) liaise with the Chief Executive Officer of the Office of the
Commission and the appellant and other relevant party;

(c) organise and attend hearings of the Tribunal;

(d) attend to day to day enquiries; and

(e) such other functions as directed by the Tribunal.

(3) The Prime Minister’s Office shall provide the Scretariat.


21F Decisions of the Tribunal

(1) The Tribunal may make an order to affirm, vary, or set aside the
Commission’s decision.

(2) The Tribunal shall —

(a) make a written decision on an appeal as soon as
practicable after the hearing has been completed; and

(b) cause a copy of its decision to be served on each p rty to
the proceeding within 7 days of the decision.

(3) A decision referred to in subsection (2) shall include the
Tribunal's reasons for the decision and its findings on material
questions of fact and reference to the evidence or other material
on which those findings were based.

(4) Subject to subsection (6), all decisions of the Tribunal shall be
public records.

(5) An authenticated copy of the decision shall be received in court
proceedings in accordance with section 49 of the Evidence Act
(Cap. 15).

(6) In releasing information or allowing access to information under
subsection (4), the Tribunal shall ensure that —

Public Service (Amendment) Act 2010 Section 21





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Act No. 34 of 2010 Page 19




(a) the identity and affairs of the applicant and any other
person concerned shall be concealed; and

(b) confidential information are not disclosed.”.

21 Section 23 amended - Policy Manual

Section 23 of the Principal Act is amended by deleting the words “and issue
instructions which shall be binding on all employees”.

22 New sections 23A and 23B inserted

The Principal Act is amended by inserting after section 23 the following new
provisions –



“23A Employment instructions

(1) The Commission may, by notice in the Gazette, issue
Employment Instructions, not inconsistent with this Act, relating
to –

(a) the functions and powers of the Commission under this
Act; or

(b) the good management of the Public Service.

(2) Without limiting the generality of subsection (1), Employment
Instructions may provide the implementation instructions of
policies.



23B Leadership Code

The Commission shall publish in the Gazette a Leadership Code to be
enforced in the Public Service.”.

23 Section 26 amended - Transition for Heads of Dep artment

Section 26 of the Principal Act is amended by –

(a) deleting “Head of Department” in the marginal note and substituting it with
“Chief Executive Officer”;

(b) deleting subsection (1) and substituting it with:

“Every Chief Executive Officer who was appointed befor the coming into
force of the Public Service (Amendment) Act 2010 shall continue in such
employment for the remainder of the term of his appointment and may be
reappointed in accordance with this Act.”;

(c) deleting subsections (2) and (3).

Section 24 Public Service (Amendment) Act 2010





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24 New section 26A - Transition for Commissioners

The Principal Act is amended by inserting after section 26 the following new
provision –



“26A Transition for Commissioners

Any Commissioner who was appointed before the coming into force of
the Public Service (Amendment) Act 2010 shall continue in office for
the remainder of the term of his appointment, and may be re-appointed
in accordance with this Act.”.

25 New Schedules

The Schedule to the Principal Act is deleted and substit ted with the following –



“SCHEDULE I

Ministries, Departments and Offices in the Public Service



1 Prime Minister’s Office

2 Ministry of Finance and National Planning

3 Ministry of Education, Women’s Affairs and Culture

4 Ministry of Lands, Survey and Natural Resources

5 Ministry of Transport

6 Ministry of Agriculture and Forestry, Food and Fisheries

7 Ministry of Environment and Climate Change

8 Ministry of Works

9 Ministry of Labour, Commerce and Industries

10 Ministry of Health

11 Ministry of Foreign Affairs and Defence

12 Ministry of Training, Employment, Youth and Sports

13 Ministry of Justice

14 Crown Law Department

15 Office of the Commissioner for Public Relations

16 Palace Office

17 Audit Office

18 Ministry of Information and Communication

19 Ministry of Tourism

20 Ministry of Revenue

Public Service (Amendment) Act 2010 Section 25





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Act No. 34 of 2010 Page 21




21 Ministry of Public Enterprises

22 Office of the Public Service Commission

23 Office of the Governor of Ha’apai

24 Office of the Governor of Vava’u




SCHEDULE II

Appointments exempted from the Public Service Act


1 Ministers appointed under the Constitution

2 Governors appointed under the Constitution

3 Judges of the Court of Appeal and Supreme Court appointed under the
Constitution

4 Judges of the Land Court appointed under the Land Act

5 Magistrates appointed under the Magistrate’s Court Act

6 Attorney General appointed under the Constitution

7 Auditor General appointed under the Public Audit Ac

8 Commissioner for Public Relations appointed under th Commissioner
for Public Relations Act 2001

9 Commissioners appointed under the Public Service Act 2002

10 Royal Commissions Act

11 Police Act

12 Prisons Act

13 Tonga Defence Services Act”.








Passed by the Legislative Assembly on this 2nd day of September 2010

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