Public Service Act 2002


No. 34 of 2002






C
T

PUBLIC SERVICE ACT 2002

Public Service Act 2002 Arrangement of Sections





No. 34 of 2002
to

Page 3



C
T

PUBLIC SERVICE ACT 2002

Arrangement of Sections
Section

PART I - PRELIMINARY 5
1 Short title and commencement.........................................................................5
2 Exemption........................................................................................................6
3 Interpretation....................................................................................................6
4 Prime Minister to administer Act.....................................................................6

PART II - PUBLIC SERVICE COMMISSION 6
5 Establishment and operation of Commission...................................................6
6 Principal functions of the Commission............................................................7
7 Powers of Commission ....................................................................................8
8 Annual report and reporting obligations of Commission.................................9
9 Delegation of powers .......................................................................................9
10 Secretary of Commission.................................................................................9
11 Employees of the Commission ........................................................................9

PART III - PUBLIC SERVICE 10
12 Employee matters to be under Act.................................................................10
13 Appointment of Heads of Department ...........................................................10
14 Appointments to the Public Service...............................................................10
15 Redundancy ...................................................................................................10
16 Dismissal for cause ........................................................................................10
17 Notice of resignation......................................................................................10
18 Daily paid workers.........................................................................................10

Arrangement of Sections Public Service Act 2002





No. 34 of 2002 Page 4
to



PART IV - CODE OF CONDUCT, DISPUTE AND DISCIPLINARY
PROCEDURE 11
19 Code of Conduct.............................................................................................11
20 Candidacy for Legislative Assembly .............................................................11
21 Dispute resolution and disciplinary matters ...................................................11

PART V - MISCELLANEOUS PROVISIONS RELATING TO THE
PUBLIC SERVICE 11
22 Regulations.....................................................................................................11
23 Policy Manual ................................................................................................11
24 Obligation to report ........................................................................................11
25 Transition .......................................................................................................12
26 Transition for Head of Department ................................................................12
27 Act to prevail..................................................................................................12


SCHEDULE I 13
SCHEDULE II 15

Public Service Act 2002 Section 1





No. 34 of 2002
to

Page 5



C
T

PUBLIC SERVICE ACT 2002

No. 34 of 2002

AN ACT TO REFORM THE LAW RELATING TO THE PUBLIC
SERVICE AND TO ESTABLISH THE PUBLIC SERVICE

I assent,
TAUFA'AHAU TUPOU IV,

3rd April, 2003

[20th November, 2002]

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

PART I - PRELIMINARY

1 Short title and commencement
(1) This Act may be cited as the Public Service Act 2002.

(2) This Act shall come into force on a day to be proclaimed by His Majesty
in Council and different sections may be brought into force on different
dates.

Section 2 Public Service Act 2002





No. 34 of 2002 Page 6
to



2 Exemption
All persons appointed under the King's prerogative powers and appointees
under legislation set out in Schedule II are exempted from the provisions of
this Act.

3 Interpretation
In this Act, unless the context otherwise requires:

“Chairman” means the Chairman of the Public Service Commission
appointed under this Act;

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

“Commissioner” means a member of the Public Service Commission;

“daily paid worker” means a person who is employed on a daily basis;

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

“Head of Department” means any person in charge of the administration
of a Ministry, who is employed under a fixed contract of employment
under this Act;

“Ministry” means any Ministry or Department listed in Schedule I;

“Public Service” means all persons employed in any Ministry listed in
Schedule I.

4 Prime Minister to administer Act
(1) The Prime Minister shall be responsible for the Public Service and the

administration of this Act.

PART II - PUBLIC SERVICE COMMISSION

5 Establishment and operation of Commission
(1) There shall be established a Public Service Commission.

(2) The Commission shall comprise three members, one of whom shall be the
Chairman.

(3) The Prime Minister, with the consent of Cabinet, shall appoint all the
members of the Commission.

Public Service Act 2002 Section 6





No. 34 of 2002
to

Page 7



(4) The Chairman and each member shall serve for a term of 5 years and may
be eligible for re-appointment.

(5) The Prime Minister may, with the consent of Cabinet, remove a member
of the Commission from Office and appoint a successor for the balance of
the term.

(6) The Commission may, with the consent of Cabinet, set its own
procedures.

(7) The Minister of Finance shall, with the consent of Cabinet, fix the
remuneration of the members of the Commission.

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

(9) A Commissioner may resign by giving the Prime Minister 3 month's
written notice.

(10) The quorum of the Commission shall be two members, one of whom shall
be the Chairman.

(11) The Chairman shall be the head of the Public Service 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.

6 Principal functions of the Commission
(1) The principal functions of the Commission, subject to this Act, shall be to:

(a) act as the advisor to Government on the management of the Public
Service;

(b) set the guiding principles for the management and performance of
the Public Service;

(c) set standards for performance and manage any performance
management system for the Public Service;

(d) appoint, promote, confirm, discipline and dismiss employees and
resolve employment disputes;

(e) monitor and report to Government on matters relating to the
efficiency and effectiveness of the Public Service;

(f) fix with the approval of Cabinet salaries, allowances and other
financial benefits for employees;

(g) making recommendations to Cabinet relating to the process of
appointment and removal of Heads of Department;

Section 7 Public Service Act 2002





No. 34 of 2002 Page 8
to



(h) ensure the management and internal controls of each Ministry are
regularly reviewed by the relevant Head of Department;

(i) assist Ministers in assessing the performance and reviews of Heads
of Department;

(j) assist Ministries to improve management practices by providing
support for planning, training and development;

(k) formulate, with the consent of Cabinet, a code of ethics and
standards of behaviour and conduct in the Public Service; and

(l) undertake such other duties as may be directed by Cabinet.

(2) The Commission shall implement the written policies of Government as
directed by Cabinet.

(3) The Commission may at anytime in respect of matters referred to in this
section or on such other matters as the Prime Minister may request:
(a) carry out necessary inquiries, investigations or inspections; or
(b) require and receive reports and provide advice to a Head of

Department.

7 Powers of Commission
(1) The Commission may:

(a) require free access at all times to all documents, books, accounts
and records, of Ministries that relate to employment of employees
and to inspect and inquire into and call for any information arising
from those accounts and records;

(b) where it has reason to believe that an employee has been or may
have been in contravention of this Act or any other Act, suspend
that employee from all duties and responsibilities, pending an
investigation;

(c) require any employee to supply any information or answer any
questions relating to documents, books and accounts, money, or
operations that relate to employees;

(d) by notice in writing, require any person having possession or
control of any documents, books and accounts that relate directly to
employees to deliver all or any of them, at a time and place and to
such person specified in the notice; and

(e) enter any Government land or building (other than a dwelling-
house) where employees are working.

(2) The Commission may appoint any person in writing, to inquire into and
report on any matter or matters specified in the instrument of appointment.

Public Service Act 2002 Section 8





No. 34 of 2002
to

Page 9



(3) Any person who fails to comply with any direction given by the
Commission, under this section commits an offence and is liable upon
conviction to a fine not exceeding $2000.

(4) The Commission may dismiss any employee convicted of an offence
under this section.

8 Annual report and reporting obligations of Commission
(1) The Chairman shall within 90 days after the end 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.

(2) The Prime Minister shall, with the approval of Privy Council, forward a
copy of the report to the Legislative Assembly.

9 Delegation of powers
(1) The Commission may delegate in writing any of the employment

functions of the Commission and the delegated is subject to the same
duties and responsibilities as the Commission under this Act.

(2) When employment functions are delegated by the Commission under
subsection (1), the delegate is subject to the same duties and
responsibilities as are on the Commission under this Act.

10 Secretary of Commission
(1) The Commission shall appoint a Secretary as Head of Department, who

will provide support services to the Commission.

(2) The Secretary shall be subject to the direction of the Chairman.

11 Employees of the Commission
The Commission may appoint such employees as may be necessary to enable it
to carry out its functions and duties under this Act.

Section 12 Public Service Act 2002





No. 34 of 2002 Page 10
to



PART III - PUBLIC SERVICE

12 Employee matters to be under Act
All appointments, promotions, disciplinary matters and terminations in respect
of the Public Service shall be made in accordance with this Act and any written
policies of Government as directed by Cabinet.

13 Appointment of Heads of Department
(1) The Commission, with the consent of Cabinet, shall make all

appointments to the position of Head of Department.

(2) Subject to section 26, Heads of Department shall be employed under a
fixed contract of employment for a term of up to 5 years and may be
eligible for reappointment.

14 Appointments to the Public Service
(1) Subject to section 13 and section 18 any appointment of an employee to or

within the Public Service is to be made by the Commission.

(2) The Commission shall prior to making an appointment under this section
consult with and take into consideration the views and requirements of the
relevant Minister.

15 Redundancy
The Commission may recommend to Cabinet that any post be made redundant.

16 Dismissal for cause
Every employee except those on contract wishing to resign from the Public
Service shall give written notice of his resignation as prescribed by Regulation.

17 Notice of resignation
The Commission may dismiss an employee at any time for cause.

18 Daily paid workers
A Head of Department, with the consent of the relevant Minister, may engage
such daily paid workers as may be required.

Public Service Act 2002 Section 19





No. 34 of 2002
to

Page 11



PART IV - CODE OF CONDUCT, DISPUTE AND
DISCIPLINARY PROCEDURE

19 Code of Conduct
The commission shall, within 12 months of the coming into force of this Act,
publish in the Gazette a code of conduct for the Public Service.

20 Candidacy for Legislative Assembly
A Head of Department or employee in the Public Service shall take a leave of
absence upon registering as a candidate for election to the Legislative Assembly
and shall resign if elected.

21 Dispute resolution and disciplinary matters
(1) The procedure to determine disputes and disciplinary matters under this

Act shall be prescribed by Regulation.

(2) A person who is dissatisfied with a determination may appeal to Cabinet.

PART V - MISCELLANEOUS PROVISIONS RELATING TO
THE PUBLIC SERVICE

22 Regulations
The Prime Minister may with the consent of Cabinet, make Regulations for the
proper and efficient administration of this Act.

23 Policy Manual
Subject to the provisions of this Act the Commission may with the approval of
Cabinet, publish in the Gazette a Public Service policy manual and issue
instructions which shall be binding on all employees.

24 Obligation to report
A Head of Department or employee who has knowledge of any circumstance
which may cause him to consider that a contravention of this Act or any other
enactment has occurred shall report those circumstances to the Commission.

Section 25 Public Service Act 2002





No. 34 of 2002 Page 12
to



25 Transition
An employee in the Public Service holding office before the commencement of
this Act shall, after the commencement of this Act continue to hold office in
accordance with the provisions of this Act.

26 Transition for Head of Department
(1) Every Head of Department who was appointed before the coming into

force of this Act shall continue in such employment under a 12 month
written fixed contract of employment entered into with the Commission.

(2) The Commission may, with the approval of Cabinet, re-appoint a Head of
Department on such terms and for such period as the Commission shall
determine, but thereafter every Head of Department shall be appointed in
accordance with section 13.

(3) A Head of Department who has not been re-appointed in accordance with
subsection (2), shall be deemed to have resigned.

27 Act to prevail
Subject to the Constitution, the provisions of this Act shall prevail when any of
its provisions conflict with the provision of any other law.



Passed in the Legislative Assembly this 20th day of November, 2002.

Public Service Act 2002 SCHEDULE I





No. 34 of 2002
to

Page 13



SCHEDULE I

1. Prime Minister's Office

2. Ministry of Finance

3. Ministry of Education

4. Ministry of Lands, Survey and Natural Resources

5. Ministry of Marine and Ports

6. Ministry of Agriculture, Food and Forestry

7. Ministry of Fisheries

8. Ministry of Works

9. Ministry of Labour, Commerce and Industries

10. Ministry of Health

11. Ministry of Foreign Affairs

12. Ministry of Civil Aviation

13. Ministry of Justice

14. Office of the Commissioner for Public Relations

15. Palace Office

16. Audit Department

17. Central Planning Department

18. Statistics Department

19. Department of Environment

20. Tonga Visitors Bureau

21. Printing Department

22. Crown Law Department

23. Revenue Services Department

24. Communications Department

25. Public Service Commission

26. Office of the Governor of Ha'apai

SCHEDULE I Public Service Act 2002





No. 34 of 2002 Page 14
to



27. Office of the Governor of Vava'u

Public Service Act 2002 SCHEDULE II





No. 34 of 2002
to

Page 15



SCHEDULE II

Commissioner for Public Relations under the Commissioner for Public Relations
Act 2001.

Magistrates under the Magistrates' Court Act (Cap. 11)

Police Act (Cap. 35)

Prisons Act (Cap. 36)

Tonga Defence Services Act (Cap. 55)