Constitution

Nauru 1968 Constitution (reviewed 2015)

Table of Contents

PART VII. THE PUBLIC SERVICE

68. Appointments, etc., in the Public Service.

  1. Except as otherwise provided by law under Article 69, there is vested in the Chief Secretary the power-
    1. to appoint, subject to clause (3.) of this Article, persons to hold or act in offices in the Public Service;
    2. to exercise disciplinary control over persons holding or acting in such offices; and
    3. to remove such persons from office.
  2. The Chief Secretary may, by instrument in writing under his hand, delegate to a public officer power to exercise disciplinary control over persons holding or acting in such public offices, other than offices referred to in clause (3.) of this Article, as the Chief Secretary specifies in the instrument and such delegation is subject to such conditions, if any, as the Chief Secretary specifies in the instrument.
  3. The Chief Secretary may not exercise his power under paragraph (a) of clause (1.) of this Article in relation to the office of a person in charge of a department of government and such other offices as are prescribed by law except in accordance with the approval of the Cabinet.
  4. The Chief Secretary shall report to the Cabinet on such matters relating to the exercise of the powers under this Article as are prescribed by law at least once a year and the Cabinet shall cause a copy of the report to be laid before Parliament.

69. Power of Parliament to establish Public Service Board and to make special provisions regarding Police.

  1. Parliament may make provision for either or both of the following:-
    1. vesting the powers and functions of the Chief Secretary under clauses (1.) and (2.) of Article 68 in a Public Service Board consisting of the Chief Secretary, who shall be Chairman, and not less than two other persons who are not members of Parliament; and
    2. subject to clause (2.) of this Article, vesting in the public officer in charge of the Nauru Police Force the powers and functions of the Chief Secretary under clause (1.) of Article 68, in so far as they apply to or in respect of public officers in the Nauru Police Force.
  2. Where Parliament makes provision under paragraph (b) of clause (1.) of this Article-
    1. it shall also make provision for establishing a Police Service Board consisting of not less than three persons, who are not members of Parliament, of whom one shall be the Chief Justice, who shall be Chairman, one shall be the Chief Secretary, and one shall be a person elected by members of the Nauru Police Force in such manner and for such term as are prescribed by law;
    2. the power of the public officer in charge of the Nauru Police Force to appoint persons to hold or act in offices in the Nauru Police Force shall be subject to such consent, if any, of the Police Service Board as is required by law; and
    3. the Chief Secretary or, where Parliament has made provision for a Public Service Board, the Public Service Board, shall not exercise the powers or perform the functions under clauses (1.) and (2.) of Article 68 in so far as they apply to or in respect of public officers in the Nauru Police Force.
  3. An appeal lies to the Police Service Board from a decision of the public officer in charge of the Nauru Police Force under this Article to remove a public officer from office or to exercise disciplinary control over a public officer at the instance of the public officer in respect of whom the decision is made.
  4. The Police Service Board shall exercise such other powers and functions as are conferred on it by law and shall, subject to this Article and any law, regulate its own procedure.
  5. Except as otherwise provided by law, no appeal lies from a decision of the Police Service Board.

70. Public Service Appeals Board.

  1. There shall be a Public Service Appeals Board which shall consist of the Chief Justice, who shall be Chairman, one person appointed by the Cabinet and one person elected by public officers as prescribed by law.
  2. A member of Parliament is not qualified to be a member of the Public Service Appeals Board.
  3. A member of the Public Service Appeals Board ceases to hold office-
    1. upon being elected a member of Parliament;
    2. if he was appointed by the Cabinet, upon being removed from office by the Cabinet or upon resigning his office by writing under his hand delivered to the President; or
    3. if he was elected by public officers, upon the expiration of the term for which he was elected, upon being removed from office in the manner prescribed by law or upon resigning his office by writing under his hand delivered to the Chief Secretary.
  4. Whenever a member of the Public Service Appeals Board, other than the Chief Justice, is unable for any reason or ineligible under clause (5.) of this Article to perform the duties of his office, the Cabinet may-
    1. if the member was appointed by it, appoint a person who is not a member of Parliament; or
    2. if the member was elected by public officers, appoint, subject to such conditions, if any, as are prescribed by law, a person,

    to act as a member of the Public Service Appeals Board during the period of the inability or ineligibility of the member.

  5. Parliament may provide that a member of the Public Service Appeals Board, other than the Chief Justice, is ineligible to act in relation to such matters as are prescribed by law.
  6. Except where an appeal lies to the Police Service Board under Article 69, an appeal lies to the Public Service Appeals Board from a decision to remove a public officer from office or to exercise disciplinary control over a public officer at the instance of the public officer in respect of whom the decision is made.
  7. The Public Service Appeals Board shall exercise and perform such other powers and functions as are conferred on it by law and shall, subject to this Constitution and any law, regulate its own procedure.
  8. Except as otherwise provided by law, no appeal lies from a decision of the Public Service Appeals Board.