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Solomon Islands Independence Order 1978 - Police and Prisons Service Commission Regulations 1994

SOLOMON ISLANDS
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THE SOLOMON ISLANDS INDEPENDENCE ORDER 1978
(LN No. 43 of 1978)

THE POLICE AND PRISONS SERVICE COMMISSION
REGULATIONS 1994
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PART I - GENERAL PROVISIONS

1. Citation.
2. Interpretation.
3. Appointment of Secretary.
4. Record of Meetings.
5. Voting.
6. Proceedings of Commission privileged.
7. Power to require attendance of witnesses.
8. Attempting to influence Commission.
9. Giving false information to the Commission.
10. Divulging official information.

PART II - APPOINTMENTS, CONFIRMATION, PROMOTIONS, RENEWALS AND TERMINATION

11. General functions of Commission with regard to appointments, confirmations, promotions, determinations and retirements.
12. Procedure to be followed.

PART III - DISCIPLINE

13. Functions of the Commission in disciplinary matters including dismissal.
14. Procedure to be followed.
15. Punishments.

PART IV - MISCELLANEOUS

16. Saving of contractual position.
17. Provision where not otherwise made.

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THE POLICE AND PRISONS SERVICE COMMISSION
REGULATIONS 1994

IN exercise of the powers conferred by section 137(1) of the Constitution, the Police and Prisons Service Commission hereby makes the following Regulations –

PART 1 – PRELIMINARY

Citation

1. These Regulations may be cited as the Police and Prisons Service Commission Regulations 1994

Interpretation

2. In these Regulations, unless the context otherwise requires –

“appointment” means -

(a). the conferment of an office of emolument upon an inspector or above rank in the Force and an Assistant Prison Officer or above rank in the Prisons Service and includes an acting appointment in such office;

(b) the grant of permanent and fixed terms of service to a person recruited and serving a contract on non-pensionable terms of service;

(c) the engagement in office of, or above, the rank of Inspector or Assistant Prison Officer on contract terms of service or for a further period of service on the conclusion of his previous period of engagement on contract or fixed terms in the same or another rank:

“Chairman” means the Chairman of the Commission as provided for under section 119(2)(a) of the Constitution or any person appointed to act temporarily as Chairman;

“Commission” means the Police and Prisons service Commission established by section 119(1) of the Constitution;

“Commissioner” means the Commissioner of Police or any person acting in that office;

“Force” means the Royal Solomon Islands Police Force;

“gazetted officer” means a police or prison officer of or above the rant of Assistant Superintendent of Police or Assistant Prison Officer;

“General Orders” means the General Orders for the public service of the Solomon Islands as from time to time issued and amended;

"member" means a Member of the Commission and includes the Chairman provided for under section 119(2)(a)(b) and (c) of the Constitution;

"Office of emolument" in relation to the Force and Prisons Service means any pensionable or non-pensionable post which is shown in the Estimates;

"Officer" means a police officer of or above the rank of Inspector of the Force or an Assistant Prison Officer in the Prison Service;

"police officer" means any member of the Force;

"prison officer" means any member of the Prison Service;

"Prison Service" means the Solomon Islands Prison Service;

"promotion" means the conferment upon an officer in the Force or an Assistant Prison officer in the Prisons Service of an office to which is attached a higher salary or higher salary scale than that attached to the office he last held substantively;

"Secretary" means the Secretary to the Commission; and

"Superintendent" means the Superintendent of Prisons.

Appointment of Secretary.

3. (1) There shall be a Secretary to the Commission whose functions shall be limited to matters of the Commission.

(2) No person shall be appointed to, or carry out the functions of, Secretary to the Commission under this regulation unless he is a public officer.

Records of Meetings.

4. A record shall be kept of the members of the Commission present and of the business transacted at every meeting of the Commission.

Voting

5. All decisions of the Commission shall be by a majority of voters of the members present and voting, and if on any question the votes are equally divided the Chairman shall have and exercise a casting vote.

Proceedings of Commission privileged.

6. Any report, statement or other communication or record of any meeting, inquiry or proceedings which the Commission may make in exercise of its functions or any member may make in performance of his duties, shall be privileged in that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is not against the public interest.

Power to require attendance of witness.

7. The Commission may require any police or prison office of any rank to attend and give evidence concerning any matter which it is empowered to consider in exercise of its functions under these Regulations, and may require the production of any official documents relating to any such matter.

Attempting to influence Commission.

8. Any officer who otherwise than in the course of his duty directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Commission or the Chairman or any other member shall be liable to disciplinary proceedings.

Giving false information to Commission.

9. Any person who in connection with any application by any person for employment or promotion in the Force and Prisons Service, or with any matter upon which it is the duty of the Commission to make recommendations or to may any decision, wilfully gives to the Commission or to the Chairman or to any other member thereof, or to any person or body of persons appointed by the Commission to assist it in the exercise of its functions or the discharge of its duties, any information which he knows to be misleading by reason of the omission of material particular, shall be guilty of an offence.

Divulging official information

10. Neither the Chairman nor any other member shall publish or disclose to any person, otherwise than in the exercise of his functions under these Regulations, the contents or any documents, communication or information whatsoever which has come to his notice in the course of his duties under these Regulations in respect of any matter referred to the Commission or dealt with by any police or prison officer holding a delegated authority, and any person who knowingly acts in contravention of this regulation shall be guilty of misbehaviour under s.126 of the Constitution

PART II – APPOINTMENTS, CONFIRMATIONS,
PROMOTIONS, DETERMINATIONS AND RETIREMENTS

General function of Commission with regard to appointments, confirmations, promotions, renewals and terminations.

11. Except in the case of any matters relating to the Commissioner, the Commission shall decide on the following matters relating to officers in the Force with regard and in the Prisons Service -

(a) appointments and promotions;

(b) confirmation of probationary and trial appointments and the extension and termination of such appointments;

(c) renewals of the contracts and agreements;

(d) retirement on or after reaching such minimum retiring age as may be prescribed from time to time by or under any law and be applicable to them;

(e) retirement or abolition of office;

(f) retirement to facilitate improvement in the organisation of the Force or the Prison Service;

(g) retirement in the public interest; and

(h) retirement on medical grounds.

Procedure to be followed L.N. 12/79.

12. In any matter referred to the Commission in accordance with Regulation 11 of these Regulations the Commissioner or Superintendent and the Secretary (Cabinet and Public Service) shall follow the appropriate procedure prescribed in Parts II, III, IV and IX of the Public Service Commission Regulations 1979 and shall be guided by the provisions of General Orders, Police and Prison Acts and the Police and Prison Regulations as the circumstances shall admit.

PART III - DISCIPLINE

Functions of the Commission in disciplinary matters including dismissal.

13. (1) The Commission shall decide on the disciplinary control, including the removal or other punishment, of officers in the Force and gazetted officers in the Prisons Service subject to sections 121(2) and 124(2) of the Constitution.

(2) The Commission shall determine any petitions by members of the Force and the Prisons Service against decisions made by the Commissioner or the Superintendent in disciplinary matters.

(3) If in any case which comes to the attention of the Commission and it is of the opinion that disciplinary proceedings should be instituted against an officer in the Force or an officer in the Prisons Service the Commission may decide that such proceedings should be initiated:

Provided that before giving such a decision in a case in which it appears that an offence against any law may have been committed, the Secretary shall refer the case to the Director of Public Prosecution who shall inform the Secretary whether a prosecution should be instituted. If the Director of Public Prosecutions advises that a prosecution should be instituted, the Commission shall, after the conclusion of such prosecution, decide to initiate disciplinary proceedings.

Procedures to be followed.

14. In any matter referred to the Commission in accordance with Regulation 13 the Commissioner, the Superintendent and the Secretary (Cabinet and Public Service) shall follow the procedure prescribed in Regulations 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 62, 63, 64, 65 and 66 in Part VII of the Public Service Commission Regulations 1979 as the circumstances shall admit.

Punishments.

15. Except in any matter relating to the Commissioner the Commission may impose any of the following punishments upon a gazetted officer or Inspector in the Force or a gazetted office in the Prison Service as a result of disciplinary proceedings:-

(a) reprimand;

(b) severe reprimand;

(c) reduction in salary

(d) demotion by one or more grade levels;

(e) stoppage, suspension or deferment of increment; and

(f) dismissal.

PART IV - MISCELLANEOUS

Provision where not otherwise made.

16. In the event of any circumstances arising in relation to the exercise of the power of the Commission in regard to offices to which these Regulations apply and for which no appropriate procedure is laid down in these Regulations the matter shall be decided by the Commission after consultation with the Commissioner or Superintendent of Prisons.

Revocation L.N.80/77.

17. The Police Service Commission Regulations 1977 (LN 80/77) are hereby revoked.

Made at Honiara this eleventh day of November, 1994.

WAETA BEN TABUSASI

Chairman

Police and Prison Service Commission.
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