Public Service (Disciplinary Procedures) Regulations 2003


GS 19 of 2003






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PUBLIC SERVICE (DISCIPLINARY
PROCEDURES) REGULATIONS 2003

Public Service (Disciplinary Procedures)
Regulations 2003 Arrangement of Regulations





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PUBLIC SERVICE (DISCIPLINARY PROCEDURES)
REGULATIONS 2003

Arrangement of Regulations
Regulation

PART 1—PRELIMINARY 5
1 Short Title ........................................................................................................5
2 Interpretation....................................................................................................6

PART II—DISCIPLINARY PROCEDURES 6
3 Classification of disciplinary case ...................................................................6
4 Minor disciplinary cases ..................................................................................6
5 Serious disciplinary cases reported by Head of Department ...........................6
6 Serious disciplinary cases reported by Auditor General ..................................6
7 Procedure for serious disciplinary charges ......................................................7
8 Committee of Enquiry......................................................................................8
9 Suspension .......................................................................................................8
10 Penalties ...........................................................................................................8
11 Effect of dismissal ...........................................................................................8
12 Acquittal...........................................................................................................8
13 Appeals ............................................................................................................9
14 Recovery of loss...............................................................................................9

Public Service (Disciplinary Procedures)
Regulations 2003 Regulation 1





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PUBLIC SERVICE (DISCIPLINARY PROCEDURES)
REGULATIONS 2003

GS 19 of 2003

PUBLIC SERVICE ACT 2002

I assent,
TAUFA'AHAU TUPOU IV,

Date of Assent

[Date]

IN EXERCISE of the powers conferred by sections 21 and 22 of the Public Service
Act 2002, the Prime Minister with the consent of Cabinet makes the
following Regulations:

PART 1—PRELIMINARY

1 Short Title
These Regulations may be cited as the Public Service (Disciplinary Procedures)
Regulations 2003.

Regulation 2
Public Service (Disciplinary Procedures)

Regulations 2003





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2 Interpretation
In these Regulations, unless the context otherwise requires—

“Commission” means the Public Service Commission established under
the Public Service Act 2002;

“employee” means all persons employed in the Public Service; and

“Secretary” means the Secretary appointed under the Public Service
Act 2002.

PART II—DISCIPLINARY PROCEDURES

3 Classification of disciplinary case
Subject to these Regulations, the Head of Department shall decide whether a
breach of discipline is minor or serious.

4 Minor disciplinary cases
(1) In a minor breach of discipline, the Head of Department may admonish,

counsel or reprimand an employee.

(2) A record of such minor breach of discipline and punishment shall be given
to the employee and placed on his personal file by the Head of
Department.

5 Serious disciplinary cases reported by Head of Department
(1) In the case of a serious breach of discipline or repeated minor breaches of

discipline, the Head of Department shall inquire into and forward a
complete report of the case to the Secretary.

(2) Where it appears that a criminal offence may have been committed the
Head of Department shall report the matter to the Police and forward a
complete report of the case to the Secretary.

6 Serious disciplinary cases reported by Auditor General
(1) In cases of serious financial irregularity, the Auditor General shall initiate

serious disciplinary action by giving a complete report to the appropriate
Head of Department and to the Secretary.

Public Service (Disciplinary Procedures)
Regulations 2003 Regulation 7





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(2) The Auditor General may make any recommendations to the Commission
on any serious financial irregularity.

7 Procedure for serious disciplinary charges
(1) Where a serious breach of discipline has been reported to the Secretary

under these Regulations against an employee, the Secretary shall—
(a) within 7 working days of receipt of the report convene a committee

consisting of the Head of Department, Solicitor General, Auditor
General and the Secretary which shall formulate the charges;

(b) charge the employee in writing within 14 working days of receipt of
the report;

(c) attach to the charge, a copy of the report from the Head of
Department or the Auditor General as the case may be; and

(d) subject to this Regulation, specify the time within which a written
reply may be made.

(2) Upon receipt of the charge, where the employee does not dispute the
charge, he shall inform the Secretary in writing within 14 days and shall
include mitigation, and the Secretary shall—
(a) forthwith bring the matter to the Commission for a decision; and
(b) advise the employee in writing of the decision.

(3) Upon receipt of the charge, where the employee disputes the charge, he
may give a written reply regarding the charge to the Secretary within 14
working days.

(4) The Secretary shall forthwith forward the charge, report from the Head of
Department and the reply from the employee to the Commission and the
Commission shall—
(a) consider the case provided that the employee shall have the right to

make oral representation if he so requests; and
(b) decide the case and the Secretary shall advise the employee in

writing of its decision.

(5) Where the employee does not reply within the specified time under this
Regulations, the Secretary shall proceed with the matter as if the reply has
been received.

(6) The Secretary may extend the time required for a reply but such extension
shall not exceed 1 month.

Regulation 8
Public Service (Disciplinary Procedures)

Regulations 2003





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8 Committee of Enquiry
In any serious disciplinary action, the Commission may appoint a Committee of
Enquiry to undertake an investigation.

9 Suspension
(1) Upon receipt of a report under regulation 5 relating to a serious breach of

discipline, the Commission may suspend the employee pending a final
decision.

(2) Suspension under these Regulations shall be without pay.

10 Penalties
Subject to regulation 7, where an employee is found guilty of a serious breach of
discipline or the repetition of minor breaches of discipline, the Commission may
impose one or more of the following penalties—

(a) reprimand;
(b) stoppage of pay by way of restitution (in whole or in part) of loss or

damage caused by the employee;
(c) stoppage of a future increment, removal of an increment or

increments;
(d) transfer to another post or locality;
(e) demotion;
(f) suspension;
(g) dismissal; or
(h) any other action that the Commission may consider necessary.

11 Effect of dismissal
An employee dismissed from the Public Service shall forfeit all benefits,
privileges and entitlements.

12 Acquittal
Where an employee is acquitted of—

(a) a serious breach of discipline; or
(b) the repetition of minor breach of discipline;

Public Service (Disciplinary Procedures)
Regulations 2003 Regulation 13





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the Commission shall, if the employee was suspended, reinstate and pay
the employee in full the salary for the period of suspension.

13 Appeals
(1) An employee has the right to appeal to Cabinet against any decision of the

Commission.

(2) An employee shall lodge his written appeal with the Secretary within 30
days following receipt by the employee of the written communication of
the decision.

(3) The Secretary shall forward the appeal within 7 days of receipt to Cabinet,
which may confirm, rescind or amend the decision of the Commission.

14 Recovery of loss
(1) Where an employee has been disciplined under these Regulations and the

Commission is satisfied that the breach has resulted in an assessable loss
to Government, the Commission may direct that any amount up to the full
extent of the loss be recovered from the employee by deduction from the
employee's salary or entitlements.

(2) The deduction referred to in sub-regulation (1) shall be no more than 30%
of the gross payable salary of the employee, provided that if the employee
is dismissed, the total amount of the assessable loss owing shall be
deducted.



Made at Nuku‘alofa this 29 day of July, 2003.