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Public Service Disciplinary Board Procedure Rules

Commencement: 15 January 1999

PUBLIC SERVICE DISCIPLINARY BOARD PROCEDURE RULES

Order 3 of 1999

ARRANGEMENT OF RULES

1. Interpretation
2. Sittings of the Board
3. Representation by an advocate or agent

Commencement of proceedings and notice of offence

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

Amendment of notice of offence

17. Adjournment
18. Manner of recording evidence before the Board
19. Evidence to be taken in presence of the officer

SCHEDULE
Part 1 – Notice of offence
Part 2 – Notice of intention to call witness(es) at the hearing
Part 3 – Witness summons
Part 4 – Order on determination of notice of offence

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

1. Interpretation

In these rules, unless the context otherwise requires –

"Act" means the Public Service Act [Cap. 246];

"Board" means the Public Service Disciplinary Board established under section 37 of the Act;

“chairman" means a member of the Commission appointed as chairman of the Board under section 37(1) of the Act;

"member" means a member of the Board other than chairman appointed under section 37(1) of the Act;

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

2. Sittings of the Board

(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.

3. Representation by an advocate or agent

At the hearing a director-general (or representative), and/or the employee will be entitled to be present and may be represented and assisted by an advocate or any other person.

4. Commencement of proceedings and notice of offence

(1) Every proceeding before the Board shall be commenced by a notice of offence issued by the Public Service Commission or delegate in the form prescribed and containing particulars of the offence as will fully and fairly inform the alleged offender of the offence and date of hearing.

(2) The date of hearing shall be not less than 28 days from the date of service of the notice on the alleged offender.

(3) A copy of the notice of offence shall be served on the officer together with copies of all statements or other documents relevant to the notice of offence.

(4) A notice of offence issued under this rule shall be in the form set out in Part 1 of the Schedule.

5. Notice by the officer

(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.

6. Witness summons to be served on witnesses

(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.

7. Non-appearance of officer

If the officer served with the notice of offence does not attend the hearing, the Board may proceed with the matter in his absence.

8. Officer to be called upon to plead

(1) The substance of the charge in the notice of offence 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.

9. Procedure on plea of not guilty

(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.

10. Acquittal of the officer when no case to answer

If at the close of the evidence in support of the notice of offence, 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.

11. The defence

(1) If at the close of the evidence in support of the notice of offence, 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 notice of offence 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 witnesses in his defence, the Board shall have the right to question such witnesses.

(3) If the officer states that he 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 and 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.

12. Evidence in reply

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.

13. Addressing the board

(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 notice of offence.

14. The decision

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

(2) Decisions taken by the Board in relation to any disciplinary notice of offence 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 38 of the Act.

15. Disciplinary punishments

In every proceeding the Board may impose any one or more of the following punishments as it shall think just –

(a) issue a warning or reprimand to the offender; or

(b) demote the employee; or

(d) order compulsory retirement; or

(e) dismiss the offender from the Public Service.

16. Amendment of notice of offence

(1) Where it appears to the Board that the notice of offence is defective, the Board may make such order for the amendment of the notice of offence 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.

17. Adjournment

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.

18. Manner of recording evidence before the board

(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 demeanor of such witness whilst under examination.

19. Evidence to be taken in presence of the officer

(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.

SCHEDULE

PART 1

(rule 4)

NOTICE OF OFFENCE

DISCIPLINARY CASE No. OF

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

1. You are hereby charged that on or about .......................................... 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 ................................... . at the hour of ......................... 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 ................................................ 20 .......

............................................................
Chairman, Public Service Commission

------------------------------------------------------------------------------------------------------------

NOTE:
(To be completed by the officer or lawyer or agent representing him or her)

I hereby accept and acknowledge receipt of the notice(s) of offence*.

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

Signature Date

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

PART 2

(rule 5)

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

DISCIPLINARY CASE No. OF

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

To: Chairman

Whereas on the ......................... day of ................................................. I received a copy of the notice of offence 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 ................................................ 20 .......

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

------------------------------------------------------------------------------------------------------------

NOTE:
(To be completed by the Chairman or any member or any officer therof accepting service)

I hereby accept and acknowledge receipt of this Notice.

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

Signature Date

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

PART 3

(rule 6)

WITNESS SUMMONS

DISCIPLINARY CASE No. OF

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

You are hereby required to attend before the Board at .......................................................... on ................................................................... (date) at ......................... (time), 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 -

DATE ................................................

............................................................
Chairman, Public Service Commission

------------------------------------------------------------------------------------------------------------

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 it to the Board)

PART 4

(rule 14)

ORDER ON DETERMINATION OF CHARGE

DISCIPLINARY CASE No. OF

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 charge: NOT PROVED / PROVED

NOW THEREFORE IT IS HEREBY ORDERED AS FOLLOWS −

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

GIVEN under our hands at .................................................. on............................................... (date)

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

Chairman

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

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

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