LAWS OF TUVALU
2008 Revised Edition

GENERAL ADMINISTRATIVE ORDERS

CAP. 4.24.1

Arrangement of Orders

Order

CHAPTER 1 - INTRODUCTION

1.1 PRELIMINARY

1.1.1 Title
1.1.2 Validity
1.1.3 General Administrative Orders
1.1.4 Delegation of Powers
1.1.5 Application
1.1.6 Authority not to be Presumed
1.1.7 Errors of Administration
1.1.8 Amendments
1.1.9 Duty of Officers to Familiarise Themselves with General Administrative Orders
1.1.10 Maintenance of General Administrative Orders 
1.1.11 General Administrative Orders Property of Government
1.1.12 Time Limit on Claims 
1.1.13 Inconsistency 
1.1.14 Information to Auditor-General and Secretary for Finance 

1.2 - DEFINITION AND INTERPRETATION

1.2.1 Public Service Act and Public Service Commission Rules 
1.2.2 Additional Definitions 

CHAPTER 2 - THE ORGANISATION OF GOVERNMENT

2.1 ORGANISATION OF GOVERNMENT
2.1.1 Secretary to Government
2.1.2 Attorney-General
2.1.3 Requests for Legal Opinion
2.1.4 Secretaries
2.1.5 Duties of Secretaries
2.1.6 Formulation of Policy
2.1.7 Communication with Ministry
2.1.8 Co-ordinating Role of Secretary
2.1.9 Duties as Accounting Officer
2.1.10 General Duties of Secretary
2.1.11 Heads of Divisions
2.1.12 Relations with Secretaries
2.1.13 Commissioner of Police

CHAPTER 3 - APPOINTMENTS

3.1.1 Authority for Appointments
3.1.2 First Appointments
3.1.3 Vacancies
3.1.4 Principles for Filling Vacancies
3.1.5 Interest of Secretaries and Heads of Divisions
3.1.6 Procedure for Filling Vacancies
3.1.7 Financial and Establishment Provisions for Posts
3.1.8 Advertisement of Vacancies
3.1.9 Processing Applications
3.1.10 Selection Panels
3.1.11 Date of First Appointment
3.1.12 Re-employment of Dismissed Officers
3.1.13 Eligibility for Appointment
3.1.14 Prison Conviction
3.1.15 Medical Examination
3.1.16 Unfit candidate Not to Be Appointed
3.1.17 Next of Kin
3.1.18 Declaration of Secrecy 
3.1.19 Personal Records
3.1.20 Re-advertisement of Post
3.1.21 Letters of Appointment
3.1.22 Acceptance of Appointment

3.2. PROBATION

3.2.1. Probationary Appointments
3.2.2 Period of Probation
3.2.3. Procedure for Confirmation of Appointment
3.2.4. Termination of Probationary Appointment
3.2.5 Training of Officer on Probation
3.2.6 Allowance for Non-permanent Service
3.2.7 Allowance for Contract Service
3.2.8 Further Probation
3.2.9 Procedure in Case of Unsatisfactory Work or Conduct
3.2.10 Reports on Officer on Probation

3.3 CONTRACT APPOINTMENT

3.3.1 Nature of Contract
3.3.2 Contracts Not to be Permanent
3.3.3 Conditions Applicable to Contract
3.3.4 Leave of Contract Officers
3.3.5 Contracts Financed by Overseas Aid
3.3.6 Re-engagement of Contract Officer
3.3.7 Consideration by Commission
3.3.8 Continuity of Service
3.3.9 Unexpired Leave
3.3.10 Training for Contract Officers

3.4 TEMPORARY APPOINTMENT

3.4.1 Terms of Temporary Appointments
3.4.2 Application of General Administrative Orders
3.4.3 Period of Notice for Temporary Appointments

3.5 ACTING APPOINTMENTS AND ALLOWANCES

3.5.1 Acting Appointments Not Under 7 Days
3.5.2 Special Exceptions
3.5.3 Acting Appointments Not Below Level 6
3.5.4 Procedures to be Followed
3.5.5 Officers to be Fully Qualified for Higher Post
3.5.6 Consequential Acting Appointments
3.5.7 Acting Appointments Leading to Promotion
3.5.8 Length of Acting Appointments to be Indicated
3.5.9 Appointments to be Gazetted
3.5.10 Time for Applications
3.5.11 Letter of Appointment

3.6 PROMOTION

3.6.1 Authority for Promotion
3.6.2 Definition
3.6.3 Procedure to be Followed by Secretaries
3.6.4 Action by Secretary to Government
3.6.5 Criteria for Promotion
3.6.6 Expectations of Officers
3.6.7 Information Required
3.6.8 Promotion May Involve Transfer
3.6.9 Review of Acting Period for Promotion
3.6.10 Extension of Acting Period
3.6.11 Further Review of Acting Period
3.6.12 Officer to be Informed of Decision
3.6.13 Condition Stipulated for Promotion
3.6.14 Attempt to Influence Promotion

3.7 SENIORITY

3.7.1 Determination of Seniority
3.7.2 Seniority on Transfer
3.7.3 Seniority When Officer Appointed Overseas
3.7.4 Non-Permanent Service
3.7.5 Seniority Lists

3.8 TRANSFERS

3.8.1 Officers Liable to Transfer to Any Station
3.8.2 Officers May be Required to Perform Any Duties
3.8.3 Procedure for Transfers
3.8.4 Transfer in Urgent Cases
3.8.5 Officers Applying for Transfer to another Ministry
3.8.6 Officers Applying for Transfer within Ministry
3.8.7 Transfer of Common Cadre and Administrative Staff
3.8.8 Effective Date of Transfer
3.8.9 Handing Over Notes on Transfer

3.9 ANNUAL APPRAISAL REPORTS

3.9.1 Date Required
3.9.2 Preparation of Reports
3.9.3 Submission to Secretary to Government 
3.9.4 Reports on Secretaries
3.9.5 Adverse Comments to be Discussed
3.9.6 Reports to be Candid
3.9.7 Custody of Reports
3.9.8 Overseas Officers
3.9.9 Certificates of Service

APPENDIX 3A 

FORM P1: STAFF VACANCY FORM (GAO 3.1.6)

 APPENDIX 3B 

FORM P2 APPLICATION FOR EMPLOYMENT (GAO 3.1.9(2))

 APPENDIX 3C 

FORM P3 CONFIRMATION/EXTENSION/TERMINATION OF PROBATION APPOINTMENT.

 APPENDIX 3D 

FORM P4 ACTING APPOINTMENT 

 APPENDIX 3E 

FORM P5 DECLARATION OF SECRECY 

 APPENDIX 3F 

FORM P6 ANNUAL APPRAISAL REPORT 

CHAPTER 4 - TERMINATION OF APPOINTMENTS AND RETIREMENT

4.1 GENERAL

4.1.1 Authority for Termination
4.1.2 Resignations Reported to Secretary to Government
4.1.3 Officers Dying in Service
4.1.4 Death by Accident on Duty to be Reported

4.2 RETIREMENT ON GROUNDS OF AGE

4.2.1 Compulsory Retirement Age
4.2.2 Voluntary Retirement Age

4.3 TERMINATION ON ABOLITION OF OFFICE

4.3.1 Procedure to be Followed

4.4 RETIREMENT IN THE PUBLIC INTEREST

4.4.1 Procedure to be Followed

4.5 RETIREMENT ON MEDICAL GROUNDS 

4.5.1 Procedure to be Followed

4.6 RESIGNATION:

4.6.1 Period of Notice 
4.6.2 Procedure to be Followed on Resignation 
4.6.3 Loss of Benefits

4.7 TERMINATION OF OFFICERS ON PROBATION

4.7.1 Period of Notice
4.7.2 Procedure to be Followed 
4.7.3 Transport and Leave Conditions 
4.7.4 Penalty for Early Resignation

4.8 TERMINATION OF CONTRACT OFFICER

4.8.1 Period of Notice
4.8.2 Grounds for Termination
4.8.3 Procedure for Termination
4.8.4 Reduction of Gratuity
4.8.5 Representations by Officer

4.9 TERMINATION OF NON-PERMANENT OR TEMPORARY OFFICERS OTHER THAN OFFICERS ON PROBATION

4.9.1 Period of Notice
4.9.2 Procedure to be Followed

4.10 TESTIMONIALS 

4.10.1 Certificates of Service
4.10.2 Assessment on Certificates of Service
4.10.3 Records 

4.11 RE-ENGAGEMENT

4.11.1 Re-engagement of Contract Officer 
4.11.2 Re-engagement of Resigned Officer 
4.11.3 Re-engagement of Retired Officer 
4.11.4 Re-engagement to be Short Term 

APPENDIX 4A 

FORM P7 CERTIFICATE OF SERVICE 

CHAPTER 5 - RULES OF CONDUCT

5.1 HOURS OF WORK 

5.1.1 Prescribed Hours of Work
5.1.2 Hours of Permanent Staff 
5.1.3. Teachers and Officers Overseas
5.1.4. Classified Workers
5.1.5. Regular Attendance 
5.1.6 Standard of Dress Required 
5.1.7 Standard of Behaviour Towards Public 
5.1.8 Absence Without Leave 
5.1.9 Work on Public Holidays 
5.1.10 Absence from Funafuti 
5.1.11 Attendance Registers 
5.1.12 Absence Through Ill Health Caused by Neglect 

5.2 PRIVATE WORK

5.2.1 Private Work and Trade Prohibited 
5.2.2 Permission Required for Any Business Undertakings 
5.2.3 Private Work Not to Conflict with Public Duties 
5.2.4 Exceptions 
5.2.5 Circumstances Not Permitted 
5.2.6 Trading with Government Prohibited 
5.2.7 Officers to Disclose Interests in Contracts 
5.2.8 Officers Not to be Directors of Companies Supplying Government
5.2.9 Permission to Acquire Commercial Interests Required
5.2.10 Interests to be Disclosed 
5.2.11 Activities of Officers' Spouse
5.2.12 Acquisition of Shares Permitted
5.2.13 Paid Employment on Leave Prohibited
5.2.14 Official Knowledge Affecting Private Interests

5.3 PUBLICATIONS AND PUBLIC UTTERANCES ON POLITICAL AND ADMINISTRATIVE MATTERS

5.3.1 General
5.3.2 Obligations of Officers
5.3.3 Restrictions on Activities
5.3.4 Interpretation
5.3.5 Participation in Politics 
5.3.6 Prior Permission Required to Communicate Official Papers
5.3.7 Production of Official Documents for Legal Proceedings
5.3.8 Officers Standing for Parliament

5.4 PECUNIARY EMBARRASSMENT

5.4.1 Financial Embarrassment
5.4.2 Circumstances to be Reported
5.4.3 Embarrassed Officers Not to Handle Money
5.4.4 Lending for Interest Between Officers Prohibited
5.4.5 Advice Available

5.5 GIFTS

5.5.1 Receiving Gifts 
5.5.2 Where Gifts Cannot be Refused 
5.5.3 Gifts on Retirement or Death 

5.6 LEGAL PROCEEDINGS

5.6.1 Officers Not to Institute Legal Proceedings 
5.6.2 Officers Assisted in Certain Cases 
5.6.3 Expert Evidence in Court 
5.6.4 Permission Required to Give Expert Evidence 
5.6.5 Subpoenas to be Obeyed 
5.6.6 Expert's Fees 
5.6.7 Leave to Attend Court 

5.7 MISCONDUCT AND OFFENCES 

5.7.1 Reputation of the Service 
5.7.2 Misconduct 
5.7.3 Disciplinary Offences 
5.7.4 Criminal Offence Implying Misconduct
5.7.5 Criminal Offences to be Reported
5.7.6 Inefficiency
5.7.7 Loss to Public Funds Surcharged
5.7.8 Driving Government Vehicles
5.7.9 Government Vehicles Not for Private Use
5.7.10 Offence to Carry Passengers 

5.8 REPRESENTATIONS AND PETITIONS

5.8.1 Procedure for Making Representations
5.8.2 Complaints Against Head of Division or Secretary
5.8.3 Procedure Where Disciplinary Proceedings Involved

APPENDIX 5A 

FORM P8 ATTENDANCE REGISTER

CHAPTER 6 - DISCIPLINE

6.1 GENERAL

6.1.1 Authority 
6.1.2 Doubtful Cases 
6.1.3 Delegated Powers of Secretaries 
6.1.4 Delegated Powers to Other Public Officers 
6.1.5 Punishments 
6.1.6 Retirement in the Interests of Service
6.1.7 Loss of Benefits on Dismissal
6.1.8 Benefits of Retired Officers Retained
6.1.9 Loss of Allowances for Unsatisfactory Work
6.1.10 Reduction in Rank or Salary
6.1.11 Withholding of Increments
6.1.12 Secretary to Government Informed of Increments Withheld
6.1.13 Information on Disciplinary Proceedings
6.1.14 Commission May Resume Delegated Powers
6.1.15 Proceedings Against Contract Officers
6.1.16 Proceedings Against Temporary Officers

6.2 PRELIMINARY ACTION

6.2.1 Procedure for Misconduct and Inefficiency
6.2.2 Officers to be Notified
6.2.3 Warning Letters
6.2.4 Warnings for Inefficiency
6.2.5 Consequential Action by Secretaries
6.2.6 Formal Warnings

6.3 INTERDICTION OR SUSPENSION

6.3.1 Misconduct to be Reported
6.3.2 Interdiction for Criminal Offence or Serious Misconduct
6.3.3 Urgent Action
6.3.4 Emoluments Payable on Interdiction
6.3.5 Secretary to Government to Inform Officers Interdicted
6.3.6 Emoluments Restored if Case Dismissed 
6.3.7 Interdiction on Criminal Conviction
6.3.8 Interdicted Officers Not to Leave Tuvalu
6.3.9 Interdiction Not Applicable to Temporary Officers
6.3.10 Availability of interdicted Officers

6.4 PROCEEDINGS THE SUBJECT OF A CRIMINAL CHARGE 

6.4.1 Procedure to be Followed in PSC Rules
6.4.2 Police to be Informed
6.4.3 Secretary for Finance, and Auditor-General to be Informed of Loss of Funds 
6.4.4 Proceedings to Await Outcome of Criminal Prosecution
6.4.5. Action Where Officer Acquitted 
6.4.6. Action Where Officer Convicted 
6.4.7 Entitlement to Emoluments after Conviction 

6.5 DISCIPLINARY PROCEEDINGS AND THE PUBLIC SERVICE COMMISSION

6.5.1. Procedures Under PSC Rules 
6.5.2 Evidence to be Made Available to Officers 

6.6 PROCEEDINGS FOR RETIREMENT IN THE PUBLIC INTEREST 

6.6.1 Procedure to be Followed

6.7 APPEALS

6.7.1 Appeals Where Power Delegated to Secretaries
6.7.2 Time Allowed for Appeals
6.7.3 Second Appeal on New Evidence
6.7.4 Decisions Not Invalidated by Failure to Notify Right of Appeal
6.7.5 Appeals by Police Officers

CHAPTER 7 - SALARIES, INCREMENTS AND RETIREMENT BENEFITS

7.1 SALARIES

7.1.1 Budgetary Provision
7.1.2 Establishment Register
7.1.3 Currency for Payment of Salaries
7.1.4 Officers Overseas
7.1.5 Method of Payment
7.1.6 Calculation of Fortnightly Salary
7.1.7 Salary on Appointment
7.1.8 Appointments to Minimum Scale Posts
7.1.9 Part-Time Staff
7.1.10 Salary Notification 
7.1.11 Advances of Salary
7.1.12 Conditions Relating to Advance
7.1.13 Applications for Advance

7.2 INCREMENTS

7.2.1 Entry Point for New Officers
7.2.2 Incremental Credits for Experience
7.2.3 Incremental Credits for Educational Qualifications
7.2.4 Incremental Date on Appointment
7.2.5 Future Incremental Date
7.2.6 Salary on Promotion
7.2.7 Academic or Professional Achievements
7.2.8 Grant of Increments
7.2.9 Leave Periods and Increments
7.2.10 Incremental Certificates and Reports
7.2.11 Payment of Increments
7.2.12 Criteria for Withholding Increments
7.2.13 No Increment on Probation
7.2.14 Officers Informed of Increments Withheld
7.2.15 Increments Deferred
7.2.16 Increments Withheld for a Year
7.2.17 Increments Deferred for Less Than a Year

7.3 RETIREMENT BENEFITS & GRATUITIES

7.3.1 Authority for Calculating Pensions and Gratuities
7.3.2 Benefits Not Payable on Dismissal
7.3.3 Calculations by Secretary to Government
7.3.4 Gratuities When Officer Interdicted

APPENDIX 7A

FORM P9 CASUALTY RETURN

CHAPTER 8 - CLASSIFIED WORKERS

8.1 CONDITIONS OF SERVICE

8.1.1 General
8.1.2 Casual and Classified Workers
8.1.3 Occupational Groups
8.1.4 Scales of Pay
8.1.5 Overtime
8.1.6 Occupational Groups and Job Classifications
8.1.7 Increments
8.1.8 Leave
8.1.9 Passages and Travelling Time
8.1.10 Accident Pay and Benefits
8.1.11 Public Holidays
8.1.12 Tool Allowances
8.1.13 Dirt Allowance
8.1.14 Abnormal Allowance
8.1.15 Subsistence Allowance
8.1.16 Disturbance Allowance
8.1.17 Service Record Cards
8.1.18 Discipline
8.1.19 General Enquiries
8.1.20 Hours of Work
8.1.21 Authority to Appoint Casual or Classified Workers
8.1.22 Age Restriction

APPENDIX: 8A 
 SERVICE RECORD CARD

 APPENDIX 8B

 FORM P10 OVERTIME CLAIM FORM

 APPENDIX: 8C CASUAL AND CLASSIFIED LEAVE RATES

CHAPTER 9 – LEAVE

9.1 ANNUAL LEAVE

9.1.1 Entitlement to Leave
9.1.2 Annual Leave Rates - Full Time Officers
9.1.3 Annual Leave Rates - Contract Officers
9.1.4 Annual Leave Rates - Temporary Officers
9.1.5 Part Time Employment
9.1.6 Calculation of Working Days
9.1.7 Change in Leave Rates
9.1.8 Applications for Leave
9.1.9 Leave Year
9.1.10 Incomplete Leave Year
9.1.11 Accumulation of Leave
9.1.12 Broken Leave Periods
9.1.13 Leave Records
9.1.14 Leave Rosters
9.1.15 Extension of Leave
9.1.16 Leave Without Pay
9.1.17 Training Courses
9.1.18 Sickness During Leave
9.1.19 Earned Leave Due on Death
9.1.20 Commutation for Cash
9.1.21 Forfeiture of Leave
9.1.22 Advance of Leave Salary
9.1.23 Travelling Time to Home Island
9.1.24 Travelling Time to Other Destinations
9.1.25 Reporting Arrival on Leave
9.1.26 Overstayed Leave
9.1.27 Leave Passage: Officers' Families

9.2 SICK LEAVE

9.2.1 General
9.2.2 Reporting Sickness
9.2.3 Medical Certificate
9.2.4 General Entitlement to Sick Leave and Compensation in Lieu
9.2.5 Entitlement in Cases of Extended Illness
9.2.6 Medical Board
9.2.7 Further Extended Sick Leave as Recommended by Medical Board
9.2.8 Probationary Officers and Temporary Officers
9.2.9 Recurrence of Sickness
9.2.10 Contract Officers
9.2.11 Classified Workers
9.2.12 Retirement in the Public Interest
9.2.13 Injury on Duty
9.2.14 Record of Sick Leave

9.3 MISCELLANEOUS

9.3.1 Maternity Leave
9.3.2 Calculation of Maternity Leave
9.3.3 Nursing Mothers
9.3.4 Failure to Resume Duty
9.3.5 Study Leave
9.3.6 Special Leave
9.3.7 Urgent Private Affairs
9.3.8 Leave to Take Examination
9.3.9 Leave to be Planned
9.3.10 Officers Responsible for Cash or Stores
9.3.11 Handing Over Notes

APPENDIX 9A

FORM P12 RECORDS OF SICK LEAVE

 APPENDIX 9B

CHAPTER 10 – ALLOWANCES

10.1 GENERAL

10.1.1 Claims for Allowances
10.1.2 Payment of Allowances
10.1.3 Imprests for Subsistence

10.2 ACTING ALLOWANCE

10.2.1 Acting Allowances Payable
10.2.2 Acting Allowance When on Leave
10.2.3 Acting Allowance When Officer Incapacitated
10.2.4 Rate of Acting Allowance
10.2.5 Reduced Allowance

10.3 RESPONSIBILITY ALLOWANCE

10.3.1 When Allowance Paid
10.3.2 Applications for Approval
10.3.3 Rates of Allowance
10.3.4 Not to be Confused with Acting Allowance

10.4 OVERTIME, SHIFT AND ABNORMAL HOURS ALLOWANCE

10.4.1 Payment
10.4.2 Calculation of Overtime
10.4.3 Shift Allowance
10.4.4 Abnormal Hours Allowance
10.4.5 Restrictions on Overtime or Abnormal Allowance

10.5 ENTERTAINMENT AND HOSPITALITY ALLOWANCE

10.5.1 Entertainment Allowance
10.5.2 Hospitality Allowance
10.5.3 Government Officers
10.5.4 Claims for Allowance

10.6 SUBSISTENCE ALLOWANCE

10.6.1 General
10.6.2 Submission of Claims
10.6.3 When Payable
10.6.4 Allowance Not Payable in Transit
10.6.5 Subsistence Within Tuvalu
10.6.6 Subsistence Overseas
10.6.7 Adjustment of Allowance
10.6.8 Supplementary Allowance
10.6.9 Allowance Inadequate
10.6.10 Married Rates

10.7 MISCELLANEOUS ALLOWANCES

10.7.1 Disturbance Allowance
10.7.2 Baggage Allowance on First Appointment (sea-freight)
10.7.3 Baggage Allowance on Retirement (seafreight)
10.7.4 Baggage Allowance on Transfer
10.7.5 Baggage Allowance on Overseas Posting
10.7.6 Definition of Effects
10.7.7 Uniform Allowance
10.7.8 Method and Conditions of Payment
10.7.9 Police Plain Clothes Allowance
10.7.10 Fire Brigade Allowance
10.7.11 Diving & Wet Allowance
10.7.12 Special Clothing Allowance
10.7.13 Class of Accommodation and Baggage Allowance
10.7.14 Board of Directors and Board or Commission of Inquiry

CHAPTER 11 - TRAINING

11.1 GENERAL 

11.1.1 Training Objectives
11.1.2 Manpower Planning and Scholarship Committee
11.1.3 Joint Consultative Council
11.1.4 Responsibility for Training
11.1.5 Responsibility of Secretary to Government
11.1.6 Types of Training Course

11.2 TRAINING

11.2.1 Validityof this Section
11.2.2 Approval for Training Courses
11.2.3 Salary on Training
11.2.4 Employment When on Training
11.2.5 Travel Arrangements
11.2.6 Leave During Training
11.2.7 Families
11.2.8 When Housing Vacated byFamily
11.2.9 Home Visits 
11.2.10 Training Fees 
11.2.11 Training Allowances 
11.2.12 External Awards 
11.2.13 Payment of Allowances 
11.2.14 Agreement for Officers Accepted for Training Overseas 
11.2.15 Salary Increments While on Training 

APPENDIX 11A 

 AGREEMENT FOR OFFICER ACCEPTED FOR TRAINING OVERSEAS

CHAPTER 12 - STAFF RELATIONS

12.1 GENERAL

12.1.1 Joint Consultation
12.1.2 Staff Association
12.1.3 Individual Employees
12.1.4 Consultation Within Ministries

12.2 JOINT CONSULTATIVE COUNCIL

12.2.1 Appointment of Council
12.2.2 Composition of Council
12.2.3 Chairman and Deputy Chairman
12.2.4 Secretary to Council
12.2.5 Meetings of Council
12.2.6 Recommendations
12.2.7 Functions of JCC
12.2.8 Sub-Committees
12.2.9 Extraordinary Meetings
12.2.10 Co-opted Members

12.3 STAFF ASSOCIATION

12.3.1 Membership of Staff Association
12.3.2 Office Holders of Staff Association
12.3.3 Activities in Working Hours

CHAPTER 13 - HOUSING

13.1 ALLOCATION OF HOUSING

13.1.1 Categories of Housing
13.1.2 Control of Allocation
13.1.3 Housing Officer
13.1.4 Notification of Housing Requirements

13.2 GENERAL POINTS SYSTEM

13.2.1 Factors to be Taken into Account
13.2.2 Eligibility
13.2.3 Eligibility for Types of Housing
13.2.4 Tied Houses
13.2.5 Absence From Post Exceeding 12 Months
13.2.6 Re-occupation of Houses
13.2.7 Taking up Allocated House
13.2.8 Change of Houses
13.2.9 Shared Accommodation

13.3 RENTS

13.3.1 Classification
13.3.2 Shared Houses
13.3.3 Rent Adjustment
13.3.4 Rent Where House Retained During Absence
13.3.5 Rent Free Accommodation
13.3.6 Substandard Accommodation

13.4 HANDOVER PROCEDURE

13.4.1 Takeover and Handover
13.4.2 Right to Enter and Inspect.
13.4.3 Responsibility of Tenant 
13.4.4 Making Good Loss or Damage 
13.4.5 Vacating Accommodation
13.4.6 Condition on Vacation

13.5 MAINTENANCE OF HOUSING

13.5.1 Maintenance and Decoration
13.5.2 Alterations
13.5.3 Contingency Maintenance
13.5.4 Complaints

13.6 FURNITURE 

13.6.1 Scales of Furniture
13.6.2 Transfer of Furniture
13.6.3 Loss or Damage to Furniture
13.6.4 Maintenance of Furniture

APPENDIX 13B 

 SCALE OF FURNITURE - GOVERNMENT HOUSING 

 APPENDIX 13C 

 POINT SYSTEM FOR ALLOCATION OF HOUSES:

 APPENDIX 13D

FORM P14 APPLICATION FOR BUILDING AND FURNITURE MAINTENANCE 

CHAPTER 14 - TRANSPORT

14.1 TRANSPORT ALLOWANCES

14.1. Class of Accommodation
14.1. Normal Routes
14.1. Entitlement on First Appointment
14.1. Entitlement on Transfer
14.1. Transport on Duty Within Tuvalu
14.1. Officer Accompanied by Spouse
14.1. Transport Outside Tuvalu
14.1. Entitlement on Completion of Service
14.1. Entitlement on Resignation
14.1. Entitlement Forfeit on Dismissal

14.1.11 Widow and Children of a Deceased Officers 
14.1.12 Compensation for Injury 
14.1.13 Loss of Personal Effects 
14.1.14 Amount Payable 

14.2 USE OF TRANSPORT 

14.2.1 Types of Government Vehicles
14.2.2 Allocation of Government Vehicles
14.2.3 Rules for Use of Fleet Vehicles
14.2.4 Procedure in Case of Accidents
14.2.5 Inquiry into Accidents

APPENDIX 14A

 CLASS OF ACCOMMODATION WHEN TRAVELING AT GOVERNMENT EXPENSE

 APPENDIX 14B

 BAGGAGE ENTITLEMENT OF OFFICERS IN TUVALU PUBLIC SERVICE

 APPENDIX 14C

 APPLICATION FOR A DRIVING PERMIT/LICENSE ON GOVERNMENT VEHICLES

CHAPTER 15 – MEDICAL

15.1 MEDICAL TREATMENT WITHIN TUVALU

15.1.1 Entitlement
15.1.2 Payment for Spectacles and Dentures
15.1.3 Travel for Treatment

15.2 MEDICAL TREATMENT OUTSIDE TUVALU

15.2.1 Treatment During Duty Visit
15.2.2 Treatment Not Available Within Tuvalu
15.2.3 Treatment Involving Spectacles or Dentures
15.2.4 Powers of Secretary for Health,
15.2.5 Sick Leave Entitlement

15.3 GENERAL

15.3.1 Where Family May Accompany Officer
15.3.2 Refusal to Undergo Treatment
15.3.3 Absence Through Illness to be Notified
15.3.4 Records
15.3.5 Notification of Next of Kin
15.3.6 Serious Illness of an Officer
15.3.7 Death of an Officer

15.4 MEDICAL BOARD

15.4.1 Retirement on Medical Grounds
15.4.2 Medical Boards
15.4.3 Constitution of Board
15.4.4 Report of Board
15.4.5 Officer's Representation
15.4.6 Retirement and Termination on Medical Grounds

CHAPTER 16 - GOVERNMENT PUBLICATIONS AND GAZETTE

16.1 TUVALU GAZETTE

16.1.1 Content of Gazette
16.1.2 Supplement to Gazette
16.1.3 Volumes of Laws and Gazettes
16.1.4 Material for Gazette
16.1.5 Printing of Gazette
16.1.6 Effect of Gazette Notices
16.1.7 Distribution of Gazettes
16.1.8 Gazette Prima Facie Evidence of Authenticity
16.1.9 Up-dating of Publication

CHAPTER 17 - CORRESPONDENCE

17.1 CHANNELS OF COMMUNICATIONS

17.1.1 Forms of Correspondence
17.1.2 Addressing Correspondence
17.1.3 Outgoing Correspondence
17.1.4 Routine Correspondence
17.1.5 Communications to Governor-General
17.1.6 Official Correspondence through Secretaries
17.1.7 Authority for Correspondence
17.1.8 Correspondence on Behalf of Ministers
17.1.9 Formal Letter by Secretaries
17.1.10 Correspondence Relating to Governor-General
17.1.11 Correspondence with Foreign Countries
17.1.12 Semi-official Correspondence
17.1.13 Correspondence with Other Governments
17.1.14 Correspondence with the Public
17.1.15 Security Classification
17.1.16 Circular Memoranda

17.2 SECURITY OF OFFICIAL DOCUMENTS

17.2.1 Public Documents Not to be Disclosed
17.2.2 Classified Correspondence
17.2.3 Security Classification
17.2.4 "Secret" and "Top Secret"
17.2.5 "Confidential"
17.2.6 "Restricted"
17.2.7 Security of Classified Correspondence
17.2.8 Responsibility of Secretaries
17.2.9 Double Envelopes
17.2.10 Inter-Office File Movements
17.2.11 Downgrading of Classified Correspondence
17.2.12 Personal Affairs of Officers
17.2.13 Opinion of Attorney-General
17.2.14 Use of Official Stamps and Seals
17.2.15 Copies of Correspondence
17.2.16 Suspension for Security Infringements

17.3 CONDUCT OF BUSINESS

17.3.1 Personnel Matters
17.3.2 Proposals Affecting More Than One Ministry
17.3.3 Interviews with Ministers
17.3.4 Telephone Calls
17.3.5 Telephones Not for Private Use
17.3.6 Incoming Mail
17.3.7 Subject and Reference Quoted
17.3.8 Communications Within Government

CHAPTER 18 - FILING AND RECORDS

18.1 GENERAL

18.1.1 Responsibility for Filing
18.1.2 Registries
18.1.3 Files Series
18.1.4 Responsibility for Subjects
18.1.5 Files to be Kept in Ministries
18.1.6 Personal Files
18.1.7 Transfer of Personal Files
18.1.8 Private Affairs Treated with Discretion
18.1.9 Destruction of files
18.1.10 Procedures for Destruction
18.1.11 Record of Files Destroyed
18.1.12 Files for Archives
18.1.13 Correspondence Produced in Court

18.2 THE FILING SYSTEM IN THE PUBLIC SERVICE

18.2.1 Description of Files
18.2.2 Titles
18.2.3 Splitting Files
18.2.4 Classification and Reference Numbers of Files
18.2.5 Departmental Reference 
18.2.6 Group Classification
18.2.7 Individual File Number
18.2.8 Personal Files
18.2.9 Appearance of Files
18.2.10 Movement of files
18.2.11 Verification of Action Taken
18.2.12 File Records
18.2.13 B.U. Diary
18.2.14 Incoming Correspondence
18.2.15 Outgoing Correspondence
18.2.16 Review of O1d Fi1es

APPENDIX 18A

 CODE LETTERS FOR GOVERNMENT MINISTRIES AND DIVISIONS FOR FILE NUMBERING

CHAPTER 19 – BUILDINGS

19.1 FIRE PRECAUTIONS AND KEYS

19.1.1 Responsibility for Fire Precaution
19.1.2 Shared Buildings
19.1.3 Fire Extinguishers
19.1.4 Fire Fighting Equipment
19.1.5 Airport Fire Service
19.1.6 Keys for Building
19.1.7 Custody of Spare Keys
19.1.8 Register of Keys
19.1.9 Duplicate Keys of Cabinet
19.1.10 Loss of Keys
19.1.11 Keys in Government Administration Building
19.1.12 Safe Combinations

19.2 MAINTENANCE OF OFFICES AND EQUIPMENT

19.2.1 Security of Buildings
19.2.2 Secretaries to Nominate Officers
19.2.3 Responsibility for Maintenance
19.2.4 Cleaning of Offices and Buildings
19.2.5 Inspection on Taking Over Buildings
19.2.6 Director of Works to Authorise Repairs
19.2.7 Procedure for Repairs
19.2.8 Procedure for New Furniture and Equipment
19.2.9 Maintenance of Office Machines

Supporting Documents

ENDNOTES

__________________

GENERAL ADMINISTRATIVE ORDERS MADE UNDER SECTION 7 OF THE PUBLIC SERVICE ACT1
Commencement [Revised April 2003] 

FOREWORD

The General Administrative Orders are issued under section 7 of the Public Service Act. The Orders cover every aspect of the work and privileges of all employees of the Government of Tuvalu for their guidance, assistance and control. They should be read subject to the provisions of the Constitution, the Public Service Act, the Public Service Commission Rules, Financial Instructions and Stores Regulations and any express contractual term relating to any employee. 

These General Administrative Orders succeed the 1985 edition, on which they are substantially based. The major changes can be found in the Chapters on Appointments, Promotions, Transfers and Termination of Appointments. These changes are also reflected in the Public Service Commission Rules. 

It is not practicable to provide every officer with a copy of this volume but those officers entrusted with a copy should ensure that all other officers have reasonable access to it. Officers to whom General Administrative Orders have been entrusted, and those who use them are urged to take care of their volume. 

Hon. Faimalaga Luka 
Prime Minister 
12th day of October, 2001 

CHAPTER 1 - INTRODUCTION

1.1 PRELIMINARY

1.1.1 Title 

These orders, which are made under the provisions of section 7 of the Public Service Act, shall be known as "General Administrative Orders" and shall come into effect on the orders of the Minister responsible for the Public Service. 

1.1.2 Validity

This Edition of the General Administrative Orders supersedes all past editions of General Administrative Orders, and is to be read in conjunction with the Constitution, the Public Service Act and the Public Service Commission Rules. 

1.1.3 General Administrative Orders 

	(1) General Administrative Orders are the conditions of service of officers of the Government of Tuvalu and include procedures for the conduct of business and the code of discipline relating to the public service. 
	
	(2) The purpose of General Administrative Orders is to enable officers readily to understand their rights and obligations and the conditions of their service generally although they may be amended from time to time. Where these instructions vary from any law, regulations or contractual term it is necessary to refer to that legislation or contract in order to determine the question at issue. 

1.1.4 Delegation of Powers 

Except as otherwise stated in General Administrative Orders, the Minister has delegated authority to administer General Administrative Orders to the Secretary to Government as head of the Public Service and as the officer ultimately responsible for personnel matters. All communications relating to General Administrative Orders, terms and conditions of service and the personal affairs of officers should be addressed to the Secretary to Government in the first place. 

1.1.5 Application 

General Administrative Orders apply to al1 public officers except where: 

(1) the contrary intention appears in General Administrative Orders; 
	
	(2) alternative provision is made for any particular public officer in the Constitution, any Act or in any regulation, rule, bye-law or order made under such Act; or 
	
	(3) the terms of an officer's appointment preclude the operation of General Administrative Orders or any one of them. 

1.1.6 Authority not to be Presumed 

Where there is no provision in General Administrative Orders for the matters to which they relate there is no authority and no authority may be presumed unless it be found in other legislative provision, Public Service Commission Rules or current administrative instructions. 

1.1.7 Errors of Administration 

In the day to day administration of the General Administrative Orders, errors may occur. No officer will be allowed to lose or gain as a result of such errors nor may such errors be regarded as a precedent for granting similar treatment to any other officer. When an error results in an overpayment, the overpayment may be recovered by the Government by deductions from an officer's salary. When an error results in an underpayment, the underpayment shall be made good to the officer. 

1.1.8 Amendments 

General Administrative Orders may be supplemented or amended from time to time. 

1.1.9 Duty of Officers to Familiarise Themselves with General Administrative Orders 

Ignorance of the provisions of any General Administrative Order shall be no excuse for its infringement or for non-compliance. It is the duty of all officers to familiarise themselves with General Administrative Orders, the Constitution, Public Service Commission Rules, relevant Acts and subsidiary legislation as amended from time to time, and such other Administrative Instructions which may be issued. It is the duty of Secretaries to see that officers have access to General Administrative Orders and such other legislation or Administrative Instructions. 

1.1.10 Maintenance of General Administrative Orders 

It is the duty of officers to whom copies of General Administrative Orders are issued to ensure that they are kept up to date and in good condition. 

1.1.11 General Administrative Orders Property of Government 

Copies of General Administrative Orders remain the property of the Government of Tuvalu. On leaving the service, copies of the General Administrative Orders must be returned by officers to the Secretary to Government. Officers who fail to return copies of the General Administrative Orders in a good condition will be liable for any replacement cost. 

1.1.12 Time Limit on Claims 

No claim by an officer or other government employee for allowances or any other awards in General Administrative Orders will be entertained unless the claim is made within twelve months of the event which gives rise to the claim. 

1.1.13 Inconsistency 

For the avoidance of doubt, in the case of any inconsistency between the Public Service Commission Rules and the General Administrative Orders, the text of the Public Service Commission Rules shall be followed. 

1.1.14 Information to Auditor-General and Secretary for Finance 

The Secretary to Government shall inform the Auditor-General and Secretary for Finance when it has been necessary to depart from the provisions of General Administrative Orders to cater for special circumstances. 

1.2 - DEFINITION AND INTERPRETATION

1.2.1 Public Service Act and Public Service Commission Rules 

The terms to which a meaning is ascribed by section 2 of the Public Service Act, and Rule 2 of the Public Service Commission Rules shall have the same meaning in these General Administrative Orders as is ascribed to them in that Act and those Rules 

1.2.2 Additional Definitions 

Except where a contrary intention is expressed, the following words and phrases will be interpreted and applied in the manner shown in this General Administrative Order — 

(a) Administrative Service: includes the Secretary to Government, Secretaries, Ambassadors and High Commissioners, Senior Assistant Secretaries and Assistant Secretaries. 
	
	(b) Appointment: includes the transfer of an officer serving in one public office to another office in the public service. (See also the definition of "transfer" below.) 
	
	(c) Child: means the son or daughter of an officer, not exceeding 18 years of age including a stepson or stepdaughter and an adopted son or adopted daughter, who is wholly dependent on the officer. 
	
	(d) Common Cadre Post: means a post at clerical, executive or administrative level for which the recruitment is centralised and in which the holder may be transferred to any Ministry at an equivalent rank without reference to the Public Service Commission. 
	
	(e) Contract Officer: means an officer appointed on agreement for a specified period of service. 
	
	(f) Head of Division: means an officer for the time being holding or acting in the head of division post in a Division of a Ministry. 
	
	(g) Permanent Officer: means an officer other than a temporary officer, contract officer or classified worker, and except where General Administrative Orders otherwise provide, an officer serving on probation. 
	
	(h) Post: means an office in the public service. 
	
	(i) Public Officer: in respect of Chapter 8 Classified Workers includes officers holding un-established posts but not otherwise in these General Administrative Orders. 
	
	(j) Public Service Commission: is the Commission established under Chapter VIII, section 143 of the Constitution. 
	
	(k) Salary: means the basic rate of salary as shown in Salary Structure in the National Budget. 
	
	(l) Secretary: means an officer for the time being holding or acting in a post of Secretary to a Ministry or where powers are conferred on a Secretary and exercised by the following officers: 

Prime Minister's Office; 
Legal -Attorney General 
Audit -Auditor-General 
Police & Prisons-Commissioner of Police 
General-Secretary to Government 

	(m) Secretary to Government: is the head of the civil service and Secretary to the Cabinet and to the Prime Minister. In addition the officer exercises the powers of Secretary in relation to the administrative service and common cadre staff. 
	
	(n) Station: means the place to which an officer is posted to work, and may include Tuvalu Overseas Posts. 
	
	(o) Transfer: means the conferment upon a public officer, whether permanently or otherwise, of some public office other than that to which the officer was last substantively promoted not being promotion: but the posting of an officer between duty posts in the same grade within a Ministry or common cadre posts between Ministries shall not be regarded for this purpose as a transfer. 

CHAPTER 2 - THE ORGANISATION OF GOVERNMENT

2.1 ORGANISATION OF GOVERNMENT

2.1.1 Secretary to Government 

The Secretary to Government is responsible in accordance with such instructions as may be given by the Cabinet, for coordinating the work of all ministries and offices of the Government, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority. The Secretary to Government shall also be responsible for such other functions as the Cabinet or the Prime Minister may direct. 

2.1.2 Attorney-General 

The Attorney-General is the principal legal adviser to Government and attends all meetings of Cabinet and all sittings of Parliament. The Attorney-General has power to institute and undertake any criminal proceedings against any person before any court in respect of an offence alleged to have been committed by such person. 

2.1.3 Requests for Legal Opinion 

(1) Requests for legal opinion should only be made by Secretaries or Heads of Division. All matters which involve Government in a legal decision will be referred to the Attorney General for an opinion or advice, failing which the officer may be subjected to disciplinary proceedings. Legal opinion is particularly essential in the following matters: 

• Contracts 
• Agreements, leases and conveyances 
• Drafting of Rules, Regulations, Declarations, Laws and Bye-Laws 
• Claims 
• Communications from legal practitioners inviting a decision 
• Licences other than those of standard issue 
• Prosecutions other than police prosecutions 
• Complaints by the public which may have legal or political repercussions 
• Interpretation 
• Staff disciplinary cases 

2.1.4 Secretaries

A Secretary of a portfolio is the chief executive of the Minister responsible for that portfolio and is responsible to that Minister for the execution of approved policy and the efficiency of staff both within the Minister's office and in the related Divisions of the Ministry. 

2.1.5 Duties of Secretaries 

The duties of Secretaries are complementary to those of Ministers who, under the Constitution, must answer to Parliament for all subjects falling within their respective portfolios. Secretaries are responsible for keeping Ministers promptly and fully informed of all developments and matters requiring a decision and progress on all subjects in their portfolios. 

2.1.6 Formulation of Policy 

Secretaries shall be responsible for formulation of policy issues ensuring that every question has been thoroughly examined at the official level in all aspects - financial, personnel or legal - and also in relation to subjects in other portfolios, before it is submitted to the Minister, and for consulting other services concerned and such advisers or other experts as may be appropriate. 

2.1.7 Communication with Ministry 

The Secretary is the channel of communication between the Minister and other Ministers, Government departments, statutory boards and authorities, commercial firms, organisations and societies and members of the public. Because of these responsibilities, a Secretary has the right to see all communications addressed to the Minister other than correspondence on constituency and political matters and to approve all official communications emanating from the Minister's office. Subject to the approval of the Minister, a Secretary may delegate authority to Senior Assistant Secretary and/or Assistant Secretaries and to Heads of Division or other persons to deal with correspondence referred to them for attention and to deal with professional, technical and routine departmental matters. 

2.1.8 Co-ordinating Role of Secretary 

The Secretary is the Chief Executive responsible for coordinating the work of the Ministry assisted by Senior Assistant Secretaries and Assistant Secretaries with the advice of Heads of Divisions, and should chair any coordinating committee. 

2.1.9 Duties as Accounting Officer 

The Secretary is the accounting officer of the Ministry and is responsible for the preparation of the annual estimates for all divisions within the portfolio in accordance with the time table laid down by the Secretary for Finance, for referring them to the Minister prior to submission. Secretaries are responsible to the Secretary for Finance for proper control of expenditure and for bringing to account all funds allocated to a portfolio, for the collection of revenue and for the proper discharge of any additional financial responsibilities, which may be delegated to that Secretary from time to time. 

2.1.10 General Duties of Secretary 

Other duties for which the Secretary is responsible are: 

(1) preparing replies to and supplementary information for questions in Parliament; 

(2) preparing speeches for the Minister for the introduction of bills, official motions and replies to other official motions in Parliament; 

(3) preparing memoranda for Cabinet; 

(4) securing the timely dispatch of business within a portfolio; 

(5) making sure that all decisions by the Minister are properly recorded; 

(6) ensuring that proper minutes and records are kept of meetings concerning the Minister's portfolio; 

(7) controlling the files covering the subject within the portfolio in accordance with General Administrative Orders; 

(8) ensuring the proper classification of documents and their physical security in accordance with General Administrative Orders; 

(9) training staff in liaison with the Secretary to Government; 

(10) preparation of official speeches for the Minister other than speeches of a political nature personal to the Minister; 

(11) ensuring that adequate and suitable publicity is given on decisions and legislative changes relating to the portfolio after clearance with the Minister in matters of importance. Publicity on legislative changes should also be cleared with the Attorney-General; 

(12) briefing the Minister for meetings, interviews and discussions relating to the portfolio and furnishing a Minister with the necessary papers; 

 (13) carrying out any statutory responsibility pursuant to any law or regulations. 

2.1.11 Heads of Divisions 

Heads of Divisions are responsible for the efficient administration of their divisions within the framework of these General Administrative Orders and other Regulations and as delegated by their Secretary. This includes responsibility for the efficient management of staff and the financial administration of divisions. 

Heads of Divisions are also responsible for carrying out any statutory responsibility for which they may be directly responsible under any law or regulation or any delegation of authority made under such law or regulation. 

2.1.12 Relations with Secretaries 

Heads of Divisions will exercise discretion in developing a positive working relationship with their Secretaries by feeding them relevant information on operational matters in their divisions and bringing to their attention any matter which could affect policy or have political repercussions. Secretaries will give Heads of Divisions their full support especially with regard to non-operational matters without interfering in the routine administration of the division. Officers in divisions should not be allowed direct access to Secretaries without the approval of their Head of Division, and normally in the presence of that senior officer. 

2.1.13 Commissioner of Police 

The Commissioner of Police will refer matters concerning the operation and management of the Police Force to the Secretary to Government. Without prejudice to the provisions of the Police Act the Commissioner will comply with the provisions of General Administrative Orders. Subject to the powers of the Commissioner of Police to exercise disciplinary control over police officers below the rank of Inspector the Commissioner of Police will refer personnel matters to the Secretary to Government for guidance in the normal way. 

CHAPTER 3 - APPOINTMENTS

3.1 General

3.1.1 Authority for Appointments 

The authority to appoint all public officers is vested in the Public Service Commission under section 149 of the Constitution. The following specific appointments, however, are subject to those provisions of the Constitution listed below: 

Office Constitutional Provision 

1. Auditor-General	Section 159(2)	
2. Secretary to Government	Section 159(3)	
3. Attorney-General	Section 159(4)	
4. Commissioner of Police	Section 159(5)	
5. Personal Staff to Governor-General	Section 159(6)	
6. Police Officers below the Rank of Inspector	Section 157(4)	

3.1.2 First Appointments 

First appointments can be made as follows: 

(1) on probation with a view to appointment as a permanent officer; 

(2) on contract, to a non-permanent post; 

(3) on temporary terms to a non-permanent post or against a permanent post; 

(4) on hourly, daily or weekly rates or part-time. 

3.1.3 Vacancies 

When a post becomes vacant it may be filled by the appointment of a candidate with the requisite qualifications and experience from within or from outside the service. Normally, the claims of meritorious officers, with adequate qualifications already in the service will take precedence over those not in the service. When serving officers apply for a vacancy, whether advertised or not, they shall send their applications through the Secretary of their respective Ministries. 

3.1.4 Principles for Filling Vacancies 

(1) The principles for making all appointments in the Public Service are prescribed in Public Service Commission Rule 23. 

(2) In considering appointments on first entry into the Public Service the Commission shall have regard to the need to maintain and develop an efficient service based on the recruitment of applicants adequately qualified for the requirements of the Service: but no appointment shall be made unless the Commission is satisfied that the person to be appointed has more merit for the post to be filled than any officer who is qualified and available for the post. 

3.1.5 Interest of Secretaries and Heads of Divisions 

The interest of a Secretary or Head of Division in securing the appointment of a suitable candidate is acknowledged. When candidates are interviewed locally by the Commission, or by a panel established by the Commission for that purpose, they will normally be invited to sit with the Commission as advisers. 

3.1.6 Procedure for Filling Vacancies 

Immediately it is known that a post is to become vacant the Secretary to the Ministry concerned will send details of the vacancy to the Secretary to Government in the prescribed form P1 set out in Appendix 3A to this Chapter, together with any recommendation that the Secretary may have concerning the filling of the vacancy. If the recommendation is that the vacancy be advertised, a draft advertisement should also be forwarded. 

3.1.7 Financial and Establishment Provisions for Posts 

No appointment shall be made to any post unless provision for that post has been made in the National Budget and published in the Establishment Register. 

3.1.8 Advertisement of Vacancies 

The procedure for advertising vacancies is prescribed in Public Service Commission Rule 22. 

3.1.9 Processing Applications 

(1) The manner of processing applications is described in Public Service Rule 25. 

(2) When a vacancy has been advertised all persons interested shall be required to complete an application form in Form P2 set out in Appendix 3B to this Chapter. Persons on outer islands or overseas may give the relevant particulars by letter, facsimile, telex or telegram in the first instance, but must complete the form as soon as possible in order that their application can be given full consideration in relation to other candidates. 

(3) Any person who has indicated an interest in such vacancy prior to advertisement may be invited to submit an application for the vacancy for consideration with other candidates, but shall not otherwise be considered for the post. 

(4) Applications for any advertised post shall be addressed to the Secretary to Government. 

(5) Upon receiving an application the Secretary to Government shall check that an application fulfils the basic requirements of the post. The application shall then be forwarded to the Secretary of the Ministry in which the vacancy exists for that Secretary's comment, if any. The application shall then be referred to the Commission with all appropriate recommendations and comments. 

(6) Applications that do not fulfil the basic requirements of a post may be refused without reference to the Commission but the Commission shall be informed of all such applications. 

3.1.10 Selection Panels 

(1) The procedure for appointing Selection Panels to interview candidates for any post is described in Public Service Commission Rule 25 (4). 

(2) A selection panel, with the approval of the Commission, may require candidates to undergo any test or examination in order to determine their suitability for the post and establish an order of merit between candidates. The results of such test shall be forwarded to the Commission together with any examination papers and the written answers of candidates. 

(3) The Commission may, if it sees fit, summon all or any candidates for interview and may prescribe such examination or tests as it may think fit to establish an order of merit between candidates. The Commission may at its discretion invite public officers to assist in carrying out such interviews or tests. 

3.1.11 Date of First Appointment 

The effective date of a first appointment to a public office is the date on which an officer assumes duty. 

3.1.12 Re-employment of Dismissed Officers 

No officer who has been dismissed from the Service, whether from a permanent or non-permanent post, may be re-employed in any capacity in the Public Service without prior reference to the Secretary to Government who will submit the matter, together with any recommendation, to the Public Service Commission for decision. 

3.1.13 Eligibility for Appointment 

To be eligible for appointment to the Public Service a candidate must: 

(1) possess such minimum qualifications as may be prescribed from time to time; 

(2) have passed any examination or test for entry to the service as may be prescribed from time to time; 

(3) be certified by a Government Medical Officer to be in sound health and medically fit for employment in the service; 

(4) provide the names of at least three referees, one of whom, if the candidate has not been previously employed, must be the head of the school or college which the candidate last attended, or, if the candidate has previously been employed, the candidate's last employer. 

3.1.14 Prison Conviction 

No person who has served a prison sentence following a criminal conviction may be considered for appointment to the Public Service within a period of two years from the end of that term of imprisonment, but a criminal conviction not incurring a prison sentence will be given such weight as the Public Service Commission thinks fit. 

3.1.15 Medical Examination 

The Government Medical Officer must state in the certificate made on examination of a candidate for the Service that a complete and thorough medical examination has been made. No fee is payable to the Medical Officer for an examination required by General Administrative Orders. 

3.1.16 Unfit candidate Not to Be Appointed 

If the officer is found to be medically unfit for service the appointment shall not be made, and any letter of appointment that may have been issued shall be disregarded. 

3.1.17 Next of Kin 

On first appointment an officer is required to notify the Secretary of the Ministry where that officer is employed, and the Secretary to Government, of the names and addresses of not more than two relatives or friends that that officer wishes to be informed in case of serious illness. Any change in these particulars must be notified promptly to the Secretary, and the Secretary to Government. 

3.1.18 Declaration of Secrecy 

On first appointment an officer is required to complete a declaration of secrecy in accordance with Form P5 at Appendix 3E to this Chapter. 

3.1.19 Personal Records 

The Secretary to Government shall keep a complete record of the personal particulars and service history of each officer in the Secretary to Government's personal and confidential files. 

3.1.20 Re-advertisement of Post 

If the Commission is unable to appoint any candidate for a post, the Commission may make such arrangements as may be necessary to re-advertise the post and to recruit a suitable officer to fill the vacancy, including advertisement outside Tuvalu or negotiations through an overseas aid agency. If the Commission considers that the post should remain unfilled for the time being it shall decide accordingly. 

3.1.21 Letters of Appointment 

The issue of letters of appointment is prescribed in Public Service Commission Rules 30(l) and 30(2). 

3.1.22 Acceptance of Appointment 

The provision for acceptance of any appointment to the Public Service is prescribed in Public Service Commission Rule 30(3). 

3.2. PROBATION

3.2.1. Probationary Appointments 
Any person who is appointed on probation with a view to appointment as a permanent officer is eligible for consideration for appointment as a permanent officer if that person: 

(1) has completed the prescribed period of probationary service satisfactorily as certified by the Secretary of the appropriate Ministry or in the case of a common cadre post by the Secretary to Government; 

(2) fulfils the qualifications prescribed for the post; and 

(3) is a Tuvalu citizen. 

3.2.2 Period of Probation 

The period of probation is set out in Public Service Commission Rule 32. 

3.2.3.Procedure for Confirmation of Appointment 

(1) The procedure for confirmation of appointment is set out in Public Service Commission Rules 34 and 36. Recommendations from Secretaries should be in accordance with Form P3 at Appendix 3C of this Chapter. 

(2) Where it appears to a Head of Division or a Secretary that it may be necessary to extend the period of probation or to terminate the services of the officer, the Head of Division or Secretary shall call upon the officer to submit representations on the matter as soon as possible in accordance with Public Service Commission Rule 35. 

3.2.4.Termination of Probationary Appointment 

The procedure for terminating the appointment of a probationary officer is covered by Public Service Commission Rules 34 and 36. 

3.2.5 Training of Officer on Probation 

During a period of probation, an officer should be regarded as being on trial with a view to assessing the officer's suitability and aptitude for work within the Public Service. An officer should be given all possible facilities to acquire all necessary skills, and should be kept under continual and sympathetic observation. Secretaries and Heads of Division are responsible to pay special attention to the training of officers on probation. 

3.2.6 Allowance for Non-permanent Service 

When an officer is appointed to a permanent office after service in a non-permanent post in a Ministry or division with the same or similar duties, the period of the officer's probation may be reduced if so recommended by the Public Service Commission provided there is no break between the officer's non-permanent service. 

3.2.7 Allowance for Contract Service 

When an officer is appointed to the permanent establishment after a period of service on contract the period of probation may be reduced by the Public Service Commission, on the recommendation of the Secretary to Government, provided there is no break between the period of contract service and permanent service. 

3.2.8 Further Probation 

An officer who is re-appointed after a break in service may be required to undergo a period of probation. 

3.2.9 Procedure in Case of Unsatisfactory Work or Conduct 

A Secretary or Head of Division who becomes aware that the work or conduct of any officer on probation is unsatisfactory will immediately warn the officer in writing of the need to improve. The Secretary or Head of Division may, after giving the officer an opportunity to make representations, recommend to the Secretary to Government that the probationary appointment be terminated. 

3.2.10 Reports on Officer on Probation 

Appraisal reports on an officer on probation will be submitted in accordance with Public Service Commission Rule 34. 

3.3 CONTRACT APPOINTMENT

3.3.1 Nature of Contract 

(1) Contract appointments are made by formal agreements for a specified period. Beyond such period any further employment of the officer concerned must be made the subject of a new contract or the extension of the period of employment in the original contract. A contract will not normally be for less than one month nor for more than 12 months in the first instance. 

(2) Subject to Public Service Rule 28 a contract officer shall not commence employment or begin to carry out the terms of any contract agreement unless the relevant contract has been executed by all parties. 

3.3.2 Contracts Not to be Permanent 

The appointment of an officer on contract shall not be made with a view to filling that post on permanent basis. Contract appointments will only be made where it is impossible to fill a post with a permanent or probationary officer, either because there are insufficient funds in the relevant Head of Expenditure in the National Budget or because there is no Tuvaluan qualified to hold the post as a permanent officer. 

3.3.3 Conditions Applicable to Contract 

The conditions of service of an officer on contract shall be those provided in the contract. 

3.3.4 Leave of Contract Officers 

(1) Where a contract officer is not re-engaged for further service after completion of the full term of a contract, that officer is not entitled to leave, irrespective of the length of the contract, but may be granted a terminal payment in accordance with the terms of the agreement. 

(2) Where a contract officer is re-engaged for further service after completion of the full term of a contract, that officer may be granted leave in accordance with the terms of the agreement and the extension of the agreement shall date from the completion of the first agreement and period of service. Any further extensions of contract shall be treated likewise. 

3.3.5 Contracts Financed by Overseas Aid 

Where a vacancy is to be filled by contract by recruitment from overseas and where the contract officer is to be financed solely or in part by any foreign government or aid institution these agencies will submit their candidates for consideration and, after consulting the Secretary to the Ministry where the vacancy exists, the Secretary to Government will forward their names to the Commission for consideration and approval. 

3.3.6 Re-engagement of Contract Officer 

(1) An officer serving on contract who desires re-engagement must, three months before that officer is due to proceed on leave at the expiry of the current contract (or with whatever other period of notice is specified in the contract), notify the Secretary to Government through that officer's Head of Division and Secretary. 

(2) In certain circumstances a Ministry may wish to re-engage a contract officer for a further period on the expiration of a contract of employment. The Secretary to the Ministry concerned shall notify the Secretary to Government three months prior to the conclusion of any contract of the Ministry's desire to reengage the officer. 

3.3.7 Consideration by Commission 

On receipt of an application for re-engagement, the Secretary to Government will forward it together with any recommendations the Secretary to Government might have, for consideration by the Public Service Commission. The decision on re-engagement will be conveyed to the officer concerned and the Secretary of the Ministry where that officer is employed. An officer whose re-engagement is approved may be required to enter into a new agreement or may be offered an extension of the existing contract. 

3.3.8 Continuity of Service 

Provided re-engagement is completed by the signing of a new contract before the end of the leave granted under the expiring contract or at the end of the expiring contract if leave has already been taken, service under the new contract will be treated as continuous with service under the former contract. 

3.3.9 Unexpired Leave 

If a re-engaged officer is required to return to duty under a new contract before expiration of all leave due under a former contract the leave foregone will be treated as deferred leave to be enjoyed under the conditions of the new contract. 

3.3.10 Training for Contract Officers 

As a general rule, an officer engaged on contract will not be allowed any form of overseas training during the term of the contract. 

3.4 TEMPORARY APPOINTMENT

3.4.1 Terms of Temporary Appointments 

The purpose of temporary appointments is to augment staffing levels in the permanent establishment, but only for specific and defined purposes. Temporary appointments should be made strictly in accordance with Public Service Commission Rule 29. 

3.4.2 Application of General Administrative Orders 

General Administrative Orders apply to officers holding temporary appointments unless any modification thereof is mentioned in the letter of appointment. 

3.4.3 Period of Notice for Temporary Appointments 

The period of notice of termination of temporary employment that is remunerated on a monthly basis shall be one month or there shall be payment of one month's salary in lieu of notice made either by the employer or the officer. In the case of employment on a daily or weekly basis the period of notice and payment in lieu of notice shall be one week. 

3.5 ACTING APPOINTMENTS AND ALLOWANCES

3.5.1 Acting Appointments Not Under 7 Days 

In the case of a short absence of less than 7 days there will, in general, be no need for an acting appointment and no acting allowance will be payable. 

3.5.2 Special Exceptions 

In special circumstances, for example, where by law or regulation certain matters can be dealt with only by the officer holding the senior post or an officer acting in that post, an acting appointment may be made regardless of the length of absence of the substantive holder of the post. 

3.5.3 Acting Appointments Not Below Level 6 

Acting appointments will not be made for posts below level 6, but for posts below this level a responsibility allowance may be paid. 

3.5.4 Procedures to be Followed 

(1) When a position within a Ministry becomes vacant and that position may be filled on an acting basis, the Secretary of the Ministry concerned may, after consultation with the Secretary to Government, recommend to the Commission that such a vacancy be filled on an acting basis. 

(2) Secretaries should first consider all staffing options, including the re-organisation of duties within a Ministry, before recommending that an acting appointment be made to fill a vacancy within a Ministry. 

(3) In making acting appointments the claims of all suitable candidates will be considered, and while no claim to act as of right will be recognised, every consideration will be given to the record of service and suitability of the officer next in seniority in the Ministry or grade in which the acting appointment is to be made. 

(4) Recommendations for acting appointments shall state whether or not the person recommended is the senior officer in the ministry or grade. Where this is not the case detailed reasons must be given in respect of each person in that Ministry or grade whom it is proposed to supersede. Recommendation should be in accordance with form P4 at Appendix D of this Chapter. 

(5) Acting appointments to fill the vacant position of Secretary to a Ministry may only be filled by a Senior Assistant Secretary or a Assistant Secretary. Contract officers can only act for a temporary period not exceeding twelve months. 

3.5.5 Officers to be Fully Qualified for Higher Post

Any recommendation to the Commission of an acting appointment must contain a statement as to whether the officer recommended is in every way qualified to perform all the duties of the office in which that officer is to act. The recommendation will also state the details of the proportion of duties of the post in question which are to be recommended as to the respective rate of acting allowance expressed as a percentage of the full rate. Full acting allowance will only be paid if the officer is capable of, and will in fact perform, all the duties of the post in which that officer is required to act. 

3.5.6 Consequential Acting Appointments 

When making recommendations for an acting appointment Secretaries and Heads of Division should consider any consequential acting appointments that may be required and should recommend appointments accordingly. 

3.5.7 Acting Appointments Leading to Promotion 

The procedure to be followed when an officer is appointed to act to establish suitability for promotion is set out in this Chapter. 

3.5.8 Length of Acting Appointments to be Indicated 

Where it is expected that an acting appointment may be for an indefinite period, this should clearly be stated in the recommendation and Secretaries and Heads of Division are required to notify the Secretary to Government and copy to the Secretary for Finance of the date on which the acting appointment ceases. 

3.5.9 Appointments to be Gazetted 

When an acting-appointment is approved, the Secretary to Government will arrange to have the appointment gazetted and arrangements will be made for the payment of the appropriate acting allowance. 

3.5.10 Time for Applications 

Recommendations for acting appointments must reach the Public Service Commission at least fourteen days before the acting appointment is due to commence or the post becomes vacant. In the absence of extraordinary circumstances, to be submitted in writing, late recommendations for appointment will not be proceeded with and no appointment will be made. 

3.5.11 Letter of Appointment 

An officer appointed on an acting basis to fill a vacancy will receive a letter from the Secretary to Government setting out the salary and duties of the acting appointment, including an indication of the period during which the appointment is anticipated to continue. Such appointment will terminate automatically in accordance with any provision in such letter or, if no provision is made, on notice from the Secretary to Government or on the substantive filling of that vacancy either by the substantive holder or a new appointee. 

3.6 PROMOTION

3.6.1 Authority for Promotion 

All promotions other than those, for which provision is made separately in the Constitution, are made by the Public Service Commission under section 149 of the Constitution. The names and commendations of officers who are within the field for promotion and who have the necessary qualifications, experience and merit will be put before the Public Service Commission by the Secretary to Government. 

3.6.2 Definition 

"Promotion" is defined in s.2 of the Public Service Act. 

3.6.3 Procedure to be Followed by Secretaries 

When a Secretary considers that a vacancy should be filled by the promotion of a serving officer, the Secretary will advise the Secretary to Government giving, sufficient reasons for the recommendation. Where the person recommended is not the most senior officer in the department or grade eligible for promotion detailed reasons shall be given in respect of each person or grade over whom it is proposed the officer recommended should be promoted. Form P4, Appendix 3D Chapter 3 may be used for recommendations for acting appointments with a view to promotion. 

3.6.4 Action by Secretary to Government 

The Secretary to Government after ascertaining that all persons eligible for promotion have been considered, will place the recommendation before the Commission for decision. If the promotion is made the Secretary to Government will notify the Secretary and officer concerned and publish the appropriate notice in the Official Gazette. If the promotion is not approved the Secretary to Government will advise the Secretary accordingly and invite the Secretary to submit alternative proposals for filling the vacancy. 

3.6.5 Criteria for Promotion 

In considering the claim of any officer in the public service for all promotions, merit and ability shall be taken into account, the passing of any prescribed promotion examination, experience and formal qualifications as well as seniority. 

3.6.6 Expectations of Officers 

Secretaries and Heads of Division should not arouse in the minds of their staff hopes of preferment which are not in their power to fulfil. This applies not only to promotions to higher office but to increases in salary without promotion. 

3.6.7 Information Required 

The following information must be available when recommendations for promotion are submitted to the Commission: 

(1) the date on which the higher office will be vacant; 

(2) the date the officer first performed the duties of the higher office, if applicable; 

(3) any reasons for not making the recommendation immediately the higher office fell vacant. 

3.6.8 Promotion May Involve Transfer 

Promotion may involve transfer from one division to another or from one Ministry to another. 

3.6.9 Review of Acting Period for Promotion 

An officer selected for promotion will normally be appointed to act for a period of six months with a view to establishing that officer's suitability for substantive promotion. Not less than six weeks before the end of the acting period, the Secretary to the Ministry concerned (or the Secretary to Government in the case of officer not responsible to a Ministry Secretary) will submit a report to the Commission through the Secretary to Government recommending either: 

(1) confirmation of the officer's promotion; 

(2) that the acting period be extended for a further period of not exceeding six months; 

(3) that the officer should revert to the officer's substantive rank. 

The Commission shall make its decision after considering the report and recommendation. 

3.6.10 Extension of Acting Period 

If an extension of an officer's acting period is approved, the Secretary to that officer's Ministry will inform the officer in writing and draw attention, if necessary, to the need for improvement in work or conduct. 

3.6.11 Further Review of Acting Period 

Not less than six weeks before the end of the extension of an acting appointment, the Secretary must submit a further report on the officer's performance to the Commission through the Secretary to Government, together with a recommendation as to whether the officer's appointment should be confirmed or whether that officer should revert to the officer's substantive rank and post. 

3.6.12 Officer to be Informed of Decision 

An officer who is not confirmed is entitled to know the reasons for that decision. Representations concerning the officer's suitability for confirmation or promotion may be made by the officer to the Commission through the Secretary to the officer's Ministry, and the Secretary to Government. 

3.6.13 Condition Stipulated for Promotion 

Where the extension of an acting period with a view to promotion is approved (which shall not exceed a period of six months) conditions may be stipulated which the officer shall meet as a condition of the promotion. Should the officer fail to meet such conditions in the time prescribed by the Commission the officer will revert to the officer's substantive post or to such other post not lower in rank as the Commission may decide. 

3.6.14 Attempt to Influence Promotion 

No officer should seek the influence of Members of Parliament or other prominent persons as a means of enhancing prospects of promotion. Any attempt to obtain promotion by such means is irregular and may debar the officer from consideration for the promotion concerned and lead to disciplinary proceedings. 

3.7 SENIORITY

3.7.1 Determination of Seniority 

Seniority shall be determined as follows: 

(1) Seniority between public officers shall be determined in the first instance by the salary grading of their post, so that between any two officers, the one holding the post with the higher grading shall be the senior irrespective of the dates of appointment. 

(2) As between officers of the same grade, seniority shall be determined — 

(a) by reference to the dates on which they respectively entered that grade; 

(b) if any officers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day; 

(c) if any officers who entered the same grade on the same day and did so by appointment and not by promotion (excluding promotion from a non-permanent to a permanent grade) their seniority relative to each other shall be determined by reference to their respective ages. 

(3) Where seniority cannot be determined in accordance with the foregoing it will be decided by the Commission on the advice of the Secretary to Government. 

3.7.2 Seniority on Transfer 

Officers who transfer from one grade of the public service to another grade, the duties of which are not considered to be related, take seniority from the date of their transfer regardless of any previous length of service and the grading of their former post. The posting of an officer between duty posts in the same grade in the same Ministry shall not be regarded for this purpose as a transfer. 

3.7.3 Seniority When Officer Appointed Overseas 

Subject to GAO 3.7.1, seniority as between officers selected for first appointment from outside Tuvalu is determined by their date of arrival in Tuvalu. Where two or more persons selected from outside Tuvalu arrive on the same day seniority between them will be determined by age. 

3.7.4 Non-Permanent Service 

Service in a non-permanent post shall not be taken into account when assessing the seniority of any permanent officer. 

3.7.5 SeniorityLists 

In order to facilitate the monitoring of staff, the Secretary to Government in consultation with Secretaries and Heads of Division, will keep lists showing the seniority of staff in all established grades. The relevant seniority lists shall be available to the Commission when considering appointments and promotions. 

3.8 TRANSFERS

3.8.1 Officers Liable to Transfer to Any Station 

Officers may be transferred to any station where their services are required in Tuvalu or overseas. 

3.8.2 Officers May be Required to Perform Any Duties 

Officers in the public service may be required to perform the duties of any post at any station in addition to or in place of the duties of their normal post. The performance of such duties shall not of itself be regarded either as promotion or demotion nor shall it entitle officers as of right to any payment other than the salary level attached to their substantive posts. 

3.8.3 Procedure for Transfers 

The procedure for transfer where promotion or an increase in emoluments is involved shall be dealt with under the procedures prescribed for promotion and where no immediate increase in emoluments is involved under the general procedures for appointments. 

3.8.4 Transfer in Urgent Cases 

When the normal procedure for carrying out a transfer is likely to cause serious inconvenience the Secretary will report the matter to the Secretary to Government who will refer it to the Commission for urgent attention and the Commission may decide on a transfer without regard to the usual procedure. 

3.8.5 Officers Applying for Transfer to another Ministry 

(1) Officers who wish to be considered for transfer to another Ministry, other than on promotion, must apply to their Secretaries, through Heads of Division, giving the reasons for their request and listing their qualifications for the post they wish to fill. 

(2) Secretaries will send any applications, with their comments, to the Secretary of the Ministry to which an officer wishes to transfer. If the application for such transfer is acceptable to the Secretary of the receiving Ministry, that Secretary will refer it, together with the comments of the officer's Secretary, to the Secretary to Government who will forward it, with any recommendations, to the Public Service Commission for their consideration. Where any transfer involves the consequential transfer of another officer, account must be taken of that officer's wishes also. 

3.8.6 Officers Applying for Transfer within Ministry 

Officers who wish to be considered for transfer other than on promotion to another Division of the same Ministry must apply to their Heads of Division, giving the reasons for their request, and giving their qualifications for the post they wish to fill. The Head of Division concerned must send any applications, with any necessary comments to the Head of the receiving Division, who will refer it to the Secretary to the Ministry for a final decision. If the Secretary approves the transfer, the Secretary will inform the Secretary for Finance and the Auditor-General of the decision and the date of transfer. Where the proposed transfer results in the consequential transfer of another officer, account must be taken of that officer's wishes also. 

3.8.7 Transfer of Common Cadre and Administrative Staff 

The transfer of officers occupying common cadre posts and administrative staff will be at the discretion of the Secretary to Government. 

3.8.8 Effective Date of Transfer 

The effective date of transfer of an officer is normally the date on which the officer concerned takes up the duties of the new post. 

3.8.9 Handing Over Notes on Transfer 

Officers who are transferred or leave the service must leave a memorandum of any special instructions relating to their post for the guidance of their successors. Duplicates of this memorandum should be forwarded to the Secretary of the Ministry concerned, and to the Secretary to Government. 

3.9 ANNUAL APPRAISAL REPORTS

3.9.1 Date Required 

Annual Appraisal Reports in the form provided in Form P6 Appendix 3F shall be prepared on all officers other than temporary staff on the prescribed form for submission to the Secretary to Government by 31st January each year in respect of the preceding calendar year. 

3.9.2 Preparation of Reports 

(1) Officers shall ensure that completed reports are received by a responsible officer so designated by the Secretary of their respective Ministries no later than the 15th December each year. 

(2) The Reports shall be completed by the designated responsible officer of a higher grade who is familiar with the work and performance of the officer initially preparing the report. The designated responsible officer shall ensure that completed Annual Appraisal Reports are received by Secretaries no later than the 31st December each year. 

3.9.3 Submission to Secretary to Government 

Secretaries will add their own comments on the form and shall forward it to the Secretary to Government. All forms in respect of a Ministry should be submitted together with a list of names to facilitate checking. 

3.9.4 Reports on Secretaries 

Secretaries will report on Heads of Division, and the Secretary to Government will report on officers in the administrative service. 

3.9.5 Adverse Comments to be Discussed 

Where an appraisal report includes any adverse comment on an officer's work and conduct, the substance of such comment must be conveyed to the officer in writing by the Secretary or Head of Division. This should be done to encourage an officer to overcome any shortcomings. The officer should be given an opportunity to discuss any problems or difficulties with Secretaries or Heads of Divisions. A note that this action has been taken should be recorded on the appraisal report before it is sent to the Secretary to Government, together with any written observations by the officer. Reports will not in any other circumstances be shown to the officer concerned. 

3.9.6 Reports to be Candid 

It is essential that Appraisal reports should be as detailed and candid as possible, as they form the basis for assessing the performance of officers when being considered for promotion, discipline and the certificate of service at the end of their service. Reporting officers must realise that their own abilities or failings are discernible from the reports they write on their subordinates. Extra care should be taken, especially where the counter-signing officer is in disagreement with the assessment of the reporting officer. 

3.9.7 Custody of Reports 

Copies of previous Appraisal reports will not be used or made available when a current report is being written. Reports shall be placed under the safe custody of the Secretary to Government and shall be made available to the Public Service Commission. 

3.9.8 Overseas Officers 

Upon the expiry of a period of service of an officer appointed under contract made with any overseas institution an Appraisal report on the officer's service and conduct whilst in Tuvalu will be forwarded to the Secretary to Government for transmission to that institution if so required. 

3.9.9 Certificates of Service 

All public officers may, if they so wish, be furnished on leaving the service with a Certificate of Service as provided in GAOs 4.10.1 to 4.10.3. (Form P6, Appendix 4A) 

_______________

APPENDIX 3A

FORM P1: STAFF VACANCY FORM (GAO 3.1.6)

STAFF-IN-CONFIDENCE

PUBLIC SERVICE COMMISSION
VACANCY FORM 
(6 copies to be submitted
to Secretary to Government) 

Ministry or Division:
Vacancy: 
Number of Vacancies:............................................Level: 
Financial Provision 20...............Institution:................Output:...............Item:
Cause of vacancy 
Date of vacancy: ............................................Age limits: 
Duties:

Qualifications: 

(a) Academic/technical: .............................................................................. 

(b) Experience: ............................................................................................ 

(c) Other: ..................................................................................................... 

Probable posting

Give date and response if advertised previously: 

Is there a local candidate available: YES/NO
If NO what steps are being taken to train one and when is one likely to be available? 

RECOMMENDATION: (delete whichever is inapplicable) 

LOCAL APPOINTMENT OF SERVING OFFICERS

LOCAL RECRUITMENT BY ADVERTISEMENT

OVERSEAS RECRUITMENT

CONSIDERATION OF BOTH SERVING OFFICERS AND OUTSIDE - CANDIDATES 

(d) If recommending appointment of serving officers give following details: 

Name 		Office 	Level 	Date of appointment to present office 	Reasons for Recommendation 	

(e) Details of all officers superseded: 

Name 		Office 	Level 	Date of appointment to present office 	Reasons for Recommendation 	

Additional Comments: 

(If space insufficient in any section please attach separate sheet) 
Date:............... 	Signature of Responsible Officer: 	
	PART II (for Establishment use only) 	
Comments: 		

Date:...............	Signature of Secretary to Government:	

__________________

APPENDIX 3B

FORM P2 APPLICATION FOR EMPLOYMENT (GAO 3.1.9(2))

Please complete in your own handwriting. Please write clearly. If the space for any answer 
is insufficient separate sheets may be attached. 

Which post are you applying for?

(If you are apply for more than one post arrange them in order of preference) 

1.

2.

3.

FULL NAME: 

(Family/Surname first in Block Capitals): 

Name at birth if different: 

Sex: Male/Female 

Present address: Permanent address, if different: 

Home Island: 

Date of birth:.....................................Place of birth: 

Nationality:..................................................Nationality at birth:

Marital Status: Single married widowed divorced or separated 

Number of children: 

Have you ever been convicted of a criminal offence?: 

If YES give details:

Have you ever been very ill?
If YES give details: 

Have you ever been dismissed or otherwise removed from the Public Service? 

If YES give details: 

What is your present post or employment?
What is your present salary or rate of pay?
DETAILS OF YOUR EDUCATION: 

DETAILS OF PAST EMPLOYMENT AND WORK EXPERIENCE: 

__________________

APPENDIX 3C

TUVALU GOVERNMENT

FORM P3 CONFIRMATION/EXTENSION/TERMINATION OF PROBATION APPOINTMENT. 

(To be submitted in sex-duplicate) 

CONFIDENTIAL (GAO 3.2.3.)

PUBLIC SERVICE COMMISSION 

CONFIRMATION/EXTENSION/TERMINATION OF PROBATION APPOINTMENT (1)

PART I - To be filled in by the Ministry 

1. Ministry/Division: 

2. Name of Officer: 

3. Post held: 

4. Date of First Appointment 

5. Date due for Confirmation: 

6. Recommendation: 

7. Copies of the officer's six-monthly reports are attached. 

Date:........................	(Responsible Officer)	

Notes: 

(1) Strike out whichever is inapplicable. 

(2) Where the recommendation is for the termination of a probationary appointment, it must include detai1s of all warnings both oral and written, given to the officer, copies of any written warnings being attached. Where it is proposed that the officer's probationary period should be extended, reasons should be given together with a recommendation as to the period of the extension. 

PART II

8. I support / do not support the recommendation made in Part I. 

(Any observation should be attached)
 
Date:........................ Secretary to Government 

_______________

APPENDIX 3D
TUVALU GOVERNMENT

FORM P4 ACTING APPOINTMENT

CONFIDENTIAL (GAO 3.5.4 & 3.6.3)

PUBLIC SERVICE COMMISSION

ACTING APPOINTMENT

(5 copies to be submitted to Secretary to Government)

PART I (To be completed by Head of Division)

Ministry/Division- Personnel & Training Division

Title of vacancy: Assistant Secretary Personnel & Training

Date this vacancy was vacant: 10/08/06 Salary Scale: 4

Cause of vacancy: Holder went on official trip, continued on to take his annual leave 
then transferred to the Ministry of Natural Resources 

When will this vacancy be substantively filled: 

(Give details) 

The post will be permanently filled if and when the permanent assistant secretary is in post. 

Is this recommendation for an acting appointment with a view to promotion? No Name of 

Officer recommended to act: Mrs Teniku Talesi 

Present title of officer: 	
 Clerk to PSC 	
Salary scale of present post: 	L7/6 	

Details of officer's superseded: 		

Name	 Office 	Salary 	Date of appointment 	Reasons why superseded 	
			to present office 		
1. Siemai Nikolasi 	Training Officer 	L5 	01/07/04 	-Fully committed to 	
				training matters 	
2. Lorraine Filipo 	Staff Dev Officer 	L5 	03/02/03 	-Training Overseas 	

Is the officer recommended fully qualified to undertake the full duties of the office? YES 
If NO what reduced rate of acting, charge, or responsibility allowance is recommended: 75% 50% 25%, and provide reasons for this reduced rate. 

Additional Comments: (If space insufficient in any section please attach separate sheet) 

Date:............... Signature of Responsible Officer:

PART II 
(for Establishment use only) 

Comments: 

Date:........................ Secretary to Government 

_______________

APPENDIX 3E

FORM P5 DECLARATION OF SECRECY

(GAO 3.1.18)

Declaration to be signed by all public officers on appointment to the Tuvalu Public Service 
My attention has been drawn to the provisions of General Administrative Orders and in particular to the Chapters relating to Rules of Conduct and Discipline and am fully aware of the serious consequences which may follow any unauthorised disclosure of information or documents to which I may have or may have access in the course of my duties as an officer of the Tuvalu Public Service. 

I understand that this disclosure covers any articles published in the press or in book form or through the medium of broadcasting and I am aware that I must not divulge any information gained by me as a result of my employment to any unauthorised person, orally or in writing without the previous sanction of my Secretary. I understand also that these provisions apply not only during the period of my employment but also after that employment has ceased. 

Signed: 

Date: 

Witnessed: 

Occupation: 

_____________

APPENDIX 3F

FORM P6 ANNUAL APPRAISAL REPORT

(CONFIDENTIAL)

STAFF PERFORMANCE APPRAISAL (GAO 3.9.1)

PART 1 

Personal data (to be completed by officer) 

1. Period of report from: …………………..........… to 

2. Name: ……………………………………..…… Staff Number: 

3. Post: 

4. Date of Appointment to post: 

5. Ministry and Division: 

6. Details of formal academic qualifications: Titles: Date obtained: Where obtained: 

(i) 

(ii) 

(iii) 

(iv)

Any under-study during the review period: 

7. Training programs, courses, seminars, conferences, etc attended during the review period. 

Name of programme etc 	From 	To 	Place 	

				

Brief Description of Present Duties 

________________
(Signature of Officer)	___________________________
(Signature of Immediate Supervisor)	

PART 2

1. Aspect of performance (to be completed by Immediate Supervisor) 

Key to rating:	A – Outstanding	B - Very Good	C – Good	
	D – Average	E – Fair	F - Unsatisfactory	

Aspects 	A 	B 	C 	D 	E 	F 	Remarks 	
Knowledge of work 		√ 						
Quality of work 		√ 						
Quantity or output of work 		√ 						
Communication and interpersonal skills 		√ 						
Initiative and judgement 		√ 						
Management of subordinate staff 		√ 						
Attendance/punctuality 			√ 					
Overall grading 		√ 						

2. Assessment of Performance 

Siemai has not failed to demonstrate and execute the best of her ability in the deliverance of her assigned duty responsibilities as a Training Officer. 

Appraisal interview with Officer (Notes: to include agreed plan for action for next 12 months) 

For the next twelve months, the department's plan to allow this officer to undergo a long term training programme would not possible due to short staff within the training section. However, the department recommends the officer to use every available short term training courses on Human Resources Development specifically those related to training aspects. 

PART 3 

1. Training and Career Development (to be agreed by officer) and to include comments on: 

• Nature of training needs identified as result of the performance appraisal 

• Training components of the Public Management and Technical Cadres where relevant. 

• The officer is highly recommended to undertake her postgraduate studies especially in the area of Human Resources Development. 

2. Potential for further advancement 

• The officer has potential for advancement to higher positions in the Government and as noted in Part 2 with regards to training plans, she should be encouraged and given support. 

Immediate Supervisor's signature:___________________________
Name: ________________________________________________
Designation: ____________________________________________
Date: __________________________________________________

PART 4 

1. Comments/Evaluation by Countersigning Officer 

2. Recommendation for Salary Increment by Countersigning Officer 

Having considered this appraisal report, I recommend that this officer's eligibility for a salary increment is — 

□ Approved. New salary ....................................w.e.f 

□ Not approved.

Signature: ______________________________________________
Reviewing Officer's signature: ______________________________
Name: ________________________________________________
Designation: ____________________________________________
Date: __________________________________________________ 

3. Endorsement of Salary Increment 

To: Secretary for Finance 

cc: Auditor General

Secretary for Personnel 

I endorse / do not endorse the recommendation for this officer's salary increment, and 
consequently approve that the increment be awarded / withheld. 

Comments: 

Date:........................ Secretary to Government 

_________

CHAPTER 4 - TERMINATION OF APPOINTMENTS AND RETIREMENT

4.1 GENERAL

4.1.1 Authority for Termination 

The power to remove persons holding or acting in offices in the Public Service is vested in the Public Service Commission under section 149 of the Constitution. The termination of the appointment of the Secretary to Government, Attorney General, Auditor-General and Commissioner of Police shall be subject to the provisions of sections 162 to 164 of the Constitution: 

(1) the termination of the appointment of the Chief Justice and other Judges of the High Court shall be subject to Sections 127 and 128 of the Constitution; 

(2) the termination of appointment of a police officer below the rank of Inspector shall be made by the Commissioner of Police under the provisions of section 157(4) of the Constitution and subject to the right of appeal provided thereunder; 

(3) the termination of appointment of an officer on the personal staff of the Governor-General shall be exercised by the Governor-General in accordance with section 159(6) of the Constitution. 

4.1.2 Resignations Reported to Secretary to Government 

All resignations must be reported to the Secretary to Government giving where possible the reasons for the resignation. 

4.1.3 Officers Dying in Service 

Should an officer die during employment with the public service, that officer's Secretary is responsible for seeing that prompt notification is given to the General Manager of the Tuvalu National Provident Fund in respect of any payment that may be due to the officer's dependents. The Secretary to Government should be informed of the action taken. 

4.1.4 Death by Accident on Duty to be Reported 

In the event of an officer being injured or killed in the performance of duty within Tuvalu the Secretary responsible must at once report the full particulars to the Secretary to Government to ensure that there is no loss of entitlement to compensation under any legislation and that steps are taken to notify the officer's next of kin. 

4.2 RETIREMENT ON GROUNDS OF AGE

4.2.1 Compulsory Retirement Age 

The provision for compulsory retirement on the grounds of age is prescribed under Public Service Commission Rule 40 (1). 

4.2.2 Voluntary Retirement Age 

The provision for voluntary retirement is prescribed under Public Service Commission Rule 40(2). Not less than 8 weeks' notice must be given in cases of voluntary retirement, or by paying into Government funds the equivalent amount of salary in lieu of notice. 

4.3 TERMINATION ON ABOLITION OF OFFICE

4.3.1 Procedure to be Followed 

The procedure to be followed in the case of termination of appointment on abolition of office is prescribed under Public Service Commission Rule 41. 

4.4 RETIREMENT IN THE PUBLIC INTEREST

4.4.1 Procedure to be Followed 

The procedure to be followed in the case of retirement in the public interest is prescribed under Public Service Commission Rule 42. 

4.5 RETIREMENT ON MEDICAL GROUNDS

4.5.1 Procedure to be Followed 

The procedure to be followed in the case of retirement on medical grounds is prescribed under Public Service Commission Rule 43. 

4.6 RESIGNATION:

Termination of Permanent Officers

4.6.1 Period of Notice 

(1) Officers serving on permanent terms on salary level 6 or above may resign their appointment by giving not less than eight weeks notice or by paying into Government funds the equivalent amount of salary for eight weeks. 

(2) Officers serving on permanent terms on salary level 7 or below may resign their appointment by giving not less than four week's notice or by paying to Government funds the equivalent of four weeks' salary. 

Provided that the period of notice or payment of salary in lieu of notice may be reduced where in the opinion of the Secretary to Government it is in the interests of the Service to do so. 

4.6.2 Procedure to be Followed on Resignation 

Where officers confirmed on the permanent establishment tender their resignation, the Secretary of the responsible Ministry shall inform the Secretary to Government. The Secretary to Government will inform the Commission of the resignation of the officer, and the office shall accordingly become vacant. 

4.6.3 Loss of Benefits 

Officers who fail to give due notice of their intention to resign in accordance with GAO 4.6.1. above, or who fail to pay to Government the appropriate sum in lieu of notice shall lose any entitlement to salary and leave due to them, in proportion to the amount due. Where officers recruited outside Tuvalu resign before the expiry of their normal tour of duty in Tuvalu, they may be required to meet from their own resources a part of the cost of any passage to which they may be eligible, proportionate to the length of the uncompleted portion of their normal tour of duty. 

4.7 TERMINATION OF OFFICERS ON PROBATION

4.7.1 Period of Notice 

Subject to the provisions of the PSC Rules, the termination of an officer's probationary appointment shall normally be effected on either side by means of four week's notice or by payment of an equivalent amount of salary in lieu of notice provided that no alternative conditions were laid down at the time of appointment. 

4.7.2 Procedure to be Followed 

The procedure for the termination of probationary appointments is prescribed in Public Service Commission Rule 36. 

4.7.3 Transport and Leave Conditions 

Subject to the conditions agreed at the time of appointment an officer on probation whose service is terminated is eligible to receive transport at Government expense to the place from which that officer was engaged. Any leave for which the officer has become eligible should be arranged to take place within the period of notice and if possible to expire on the same day as the notice. 

4.7.4 Penalty for Early Resignation 

Unless otherwise provided for at the time of appointment, a probationer who resigns whilst on probation will not be eligible for any facilities from Government towards transport from the station where that officer has been serving 

4.8 TERMINATION OF CONTRACT OFFICER

4.8.1 Period of Notice 

The appointment of an officer on contract may be terminated upon such notice as specified in the contract or letter of appointment or if no such notice is specified such period shall be deemed to be incorporated as is specified in s.63 of the Employment Act.2 . 

4.8.2 Grounds for Termination 

The termination of a contract officer's appointment other than dismissal shall only be recommended on the grounds: 

(1) that the officer is not capable of performing the prescribed duties; 

(2) that there are no funds with which to pay the officer; 

(3) that the post is required for a permanent officer. 

4.8.3 Procedure for Termination 

If a Secretary is of the opinion that the appointment of a contract officer should be terminated, the Secretary shall set out the reasons for the proposed termination in writing and require the officer to show cause in writing why that officer's service should not be terminated. If no reply is received within two weeks of the receipt thereof, or if the Secretary considers that no adequate cause has been shown, the Secretary shall forward the report together with the Secretary's recommendations, to the Secretary to Government. The Secretary to Government will add any further recommendations and submit the report to the Public Service Commission who shall decide thereon. 

Provided that where it appears in any case that there is any doubt that under the terms of the contract the above mentioned terminations are lawful, the Secretary to Government shall refer the case to the Attorney-General for advice. 

4.8.4 Reduction of Gratuity 

Where a public officer other than a member of the Tuvalu National Provident Fund is serving under contract which provides for a gratuity on completion of satisfactory service and the Secretary of the Ministry is of the opinion that no gratuity or only part of such gratuity shall be paid the Secretary shall report the matter to the Secretary to Government. The Secretary to Government shall make a final recommendation to the Public Service Commission as to what portion of gratuity should be paid if any, and the Commission shall decide on the matter. In the case of officers financed by overseas aid the terms of the officer's agreement shall be followed. 

4.8.5 Representations by Officer 

An officer in respect of whom action under GAO 4.8.4 is contemplated shall be given an opportunity to make representations to the Secretary to Government in respect of the proposed reduction or loss of gratuity and the Secretary to Government shall make the officer's representations known to the Commission. 

4.9 TERMINATION OF NON-PERMANENT OR TEMPORARY OFFICERS OTHER THAN OFFICERS ON PROBATION

4.9.1 Period of Notice 

The period of notice of termination of temporary employment that is remunerated on a monthly basis shall be one month or payment of one month's salary in lieu of notice made by either the appropriate authority or the officer. In the case of employment on a weekly basis the period of notice shall be one week. In the case of employment on a daily basis notice of termination shall take effect at the end of the day on which it is given. 

4.9.2 Procedure to be Followed 

If a Secretary is of the opinion that the appointment of a temporary and non-permanent officer should be terminated the Secretary shall set out the reasons for termination in writing and require the officer to show cause in writing why that officer's appointment should not be terminated. If no reply is received within two weeks, or if the Secretary considers that no adequate cause has been shown: 

(1) Where disciplinary control has been delegated, the Secretary may terminate the appointment; 

(2) Where disciplinary control has not been delegated, the Secretary shall forward the report, together with any recommendations to the Secretary to Government. The Secretary to Government will send the report and any further recommendations to the Public Service Commission and the Commission will decide on the matter. 

4.10 TESTIMONIALS

4.10.1 Certificates of Service 

On finally leaving the service other than on dismissal an officer will be provided with a Certificate of Service in the form prescribed at Form P7 Appendix 4A to this Chapter. In the case of officers other than Secretaries, Certificates of Service will be prepared by the Secretary to the Officer's Ministry for issue by the Secretary to Government. Certificates of service in respect of officers in the administrative service will be issued by the Secretary to Government, or by the Commission, as the case may be. 

4.10.2 Assessment on Certificates of Service 

Assessment for efficiency should be defined as "Very Good", "Good" or "Fair" as the case may be. Secretaries should bear in mind that the main purpose for the certificates is for use as a reference by officers when seeking other employment. Unless there is good reason to the contrary, general conduct should be assessed as "very good". Where an officer has served in an exemplary manner for fifteen years or more certificates may be signed by the Secretary to Government or by the Commissioners. The details of the posts held during the officer's career must be entered on the reverse of the certificate. 

4.10.3 Records 

A copy of the Certificate of Service must be placed in the officer's personal file in the officer's Ministry and in the office of the Secretary to Government. Enquiries from outside employers about former Government officers will normally be passed to the Secretary to Government for attention. 

4.11 RE-ENGAGEMENT

4.11.1 Re-engagement of Contract Officer 

The re-engagement of an officer at the termination of the officer's contract is dealt with in General Administrative Orders Chapter 3.3.6. 

4.11.2 Re-engagement of Resigned Officer 

Any application for employment from a person who has previously resigned voluntarily from the Service must be carefully investigated and the circumstances that prompted that resignation taken into account before a decision to re-engage the officer is taken. Persons reappointed will be informed that they will be subject to the following conditions: 

(1) that they may have to do a period of probation even though they may have previously been confirmed; and 

(2) that the period of service before resignation will not count for seniority. 

4.11.3 Re-engagement of Retired Officer 

Retired public officers may be re-engaged where: 

(1) the prospects of serving officers are not prejudiced; 

(2) the vacancy cannot otherwise readily be filled; 

(3) the retired officer is in all respects suitable. 

4.11.4 Re-engagement to be Short Term 

The re-engagement of officers who have resigned or retired from the service will be on temporary terms or short-term contracts. Subject to GAO 3.3.1, Contracts will normally be entered into only if it is necessary to fill an essential post for which no likely candidate is envisaged for some time to come. 

____________

APPENDIX 4A

TUVALU PUBLIC SERVICE

(GAO 4.10.1)

FORM P7 CERTIFICATE OF SERVICE

Name of Officer

Age at Date of Termination

Position held and Ministry/Division

Period of Service from .............................................. to

Cause of Termination of Engagement: 

Efficiency Conduct: 

General Conduct: 

Signed __________________________________
Designation ______________________________
Date ____________________________________

_______________

CHAPTER 5 - RULES OF CONDUCT

5.1 HOURS OF WORK

5.1.1 Prescribed Hours of Work 

Hours of work will be prescribed by the Minister from time to time, but officers should be aware that all their time is at the disposal of Government unless otherwise specified in their terms of service. The actual hours of arrival and departure may be varied to meet departmental requirements and staff may be required to attend for duty on such days and for such hours as are considered necessary for the efficient conduct of public business or during emergencies. 

5.1.2 Hours of Permanent Staff 

The normal hours of work for permanent staff, contract and probationary officers will be from 0800 hours to 1230 hours and from 1330 to 1600 hours Mondays to Fridays. 

5.1.3.Teachers and Officers Overseas 

The Minister may vary the normal hours of work for teachers and officers working in overseas posts and may prescribe shift hours for hospital, police, meteorological, marine and prison staff. 

5.1.4. Classified Workers 

The normal working hours for classified workers are from 0730 to 1230 hours and from 1330 to 1630 hours Mondays to Fridays. 

5.1.5. Regular Attendance 

Regular and punctual attendance is required of every officer. Working less than the prescribed minimum hours, irregular attendance and absences from the place of work will form the basis of disciplinary charges. 

5.1.6 Standard of Dress Required 

Except where prevented by the nature of their work, officers on duty must dress in a clean and tidy manner at all times and keep themselves well groomed. It is the responsibility of supervising officers to ensure that officers who are required to wear uniform do so, and comply with any instructions in this respect. 

5.1.7 Standard of Behaviour Towards Public 

All officers are expected to be courteous, helpful and attentive in their dealings with the public. 

5.1.8 Absence Without Leave 

Absence without leave during working hours must be reported to Secretaries by Heads of Division and supervising officers in order that appropriate disciplinary proceedings may be taken against the officer concerned. In the case of unauthorised absence for the whole or part of a day the Secretary for Finance, shall be notified and copied to the Secretary to Government by the Secretary or Head of Division to withhold salary payments. 

5.1.9 Work on Public Holidays 

Where an officer is required by the officer's Head of Division or Secretary to work on a public holiday the officer will wherever possible be given time off in lieu. 

5.1.10 Absence from Funafuti 

Heads of Division will inform their Secretaries and Secretaries will inform the Secretary to Government whenever they leave Funafuti for any purpose that affects the performance of their official duties. 

5.1.11 Attendance Registers 

In each department or division a senior officer designated by the head of division will be responsible for the regular and prompt attendance of staff. Designated officers shall prepare a monthly report in accordance with Form P8 at Appendix 5A, for submission to department or divisional heads, who shall then forward such report to the Secretary responsible for the Ministry. Such report shall note the following matters: 

(1) early departures; 

(2) extended lunch breaks; 

(3) irregular attendance; and 

(4) unauthorised absences from duty.

5.1.12 Absence Through Ill Health Caused by Neglect 

Absence from duty on account of ill -health caused by an officer's own neglect or misconduct may be regarded as absence without leave and dealt with accordingly. 

5.2 PRIVATE WORK

5.2.1 Private Work and Trade Prohibited 

The remuneration of public officers is fixed on the assumption that their whole time is at the disposal of Government and they are prohibited from engaging in trade or private practice save where this is permitted by the expressed terms of service. 

5.2.2 Permission Required for Any Business Undertakings 

No officer may take part directly or indirectly in the management or proceedings of any commercial, industrial or agricultural undertaking except with the permission of the Secretary to Government. 

5.2.3 Private Work Not to Conflict with Public Duties 

The prohibitions in GAOs 5.2.1 and 5.2.2. above arise from the need for officers to devote their whole time and attention to the service of Government and from the need to ensure that officers private affairs are not in conflict with, or do not appear to be in conflict with, and in no way affect the performance of their official duties. 

5.2.4 Exceptions 

In exceptional circumstances, prior written approval may be obtained from the Secretary to Government to carry out private work for remuneration based on the merits of each case. Relaxation of the rule will be considered where the work is in the public interest and cannot be adequately undertaken by another person not in Government service, where the work is of an occasional nature and is clearly unconnected with the officer's official duties. Any such work must be undertaken outside office hours. Failure to obtain the necessary permission before hand may form the basis of disciplinary proceedings. 

5.2.5 Circumstances Not Permitted 

The permission of the Secretary to Government will not be given in the case of: 

(1) employment which, having regard to the officer's position in the service, might involve a conflict of loyalties or interest; 

(2) employment which could affect the officer's efficiency; 

(3) employment which affords an opportunity to use Government material or equipment or requires work in official hours; and 

(3) employment which is not in keeping with an officer's status and position in the public service. 

5.2.6 Trading with Government Prohibited 

No officer may sell property or goods or otherwise trade or furnish supplies on account of the public without the permission of the Secretary to Government. 

5.2.7 Officers to Disclose Interests in Contracts 

No Government contract may be let to a public officer or to any partnership or company of which an officer is a member or to any company of which the officer is a director unless that officer has disclosed the full measure of any interest and the Secretary to Government has given permission for the letting of the contract to proceed. 

5.2.8 Officers Not to be Directors of Companies Supplying Government 

No public officer may accept a directorship otherwise than with the express permission of the Secretary to Government in any company holding a contract with Government. 

5.2.9 Permission to Acquire Commercial Interests Required 

An officer wishing to acquire an interest in any commercial, agricultural or industrial undertaking in Tuvalu must apply for permission to the Secretary to Government giving full details of the interest to be acquired. Permission will only be granted if the Secretary to Government is satisfied that the officer's interest will not be in real or apparent conflict with that officer's duties as a public officer. 

5.2.10 Interests to be Disclosed 

An officer holding any interest in a commercial, agricultural or industrial undertaking within Tuvalu or trading with Tuvalu at the time of appointment, or subsequently, shall declare such interest to the Secretary to Government. 

5.2.11 Activities of Officers' Spouse 

Where it appears that the interests in trade or commerce of an officer's spouse conflict or are likely to conflict or may seem to conflict with an officer's duties the Secretary to Government may recommend that the officer may be transferred to other duties where such conflict does not exist, unless the spouse has in the meantime embarked on a different activity. This restriction does not extend to the employment of an officer's spouse as a paid employee in Government or any private-firm. 

5.2.12 Acquisition of Shares Permitted 

A public officer is not prohibited from acquiring shares in a registered company or business or from investing in any Government loan. 

5.2.13 Paid Employment on Leave Prohibited 

No officer may accept paid employment while on leave without previously obtaining the express sanction of the Secretary to Government. 

5.2.14 Official Knowledge Affecting Private Interests 

If officers find that they have been given official duties whereby they might obtain any knowledge or authority relevant to their private investments or interests, it is their duty to inform the Secretary to Government. Those officers may be required to divest themselves of any interest, if it is considered that their private affairs might be brought into real or apparent conflict with their public duties. 

5.3 PUBLICATIONS AND PUBLIC UTTERANCES ON POLITICAL AND ADMINISTRATIVE MATTERS

5.3.1 General 

The Constitution is recognised as the supreme law of Tuvalu. In particular, those rights and freedoms enshrined in Part II of the Constitution are recognised as being fundamental to the continued existence of Tuvalu as a democratic state based on the Rule of Law. It is also recognised that due to the nature of its size and employment capacity, the public service administration has the potential to limit and restrict those rights and freedoms guaranteed under the Constitution. 

5.3.2 Obligations of Officers 

Within the framework of those constitutionally guaranteed rights however, public officers are expected to discharge their duties in a professional, unbiased and impartial manner. 

5.3.3 Restrictions on Activities 

Public officers should refrain from becoming involved in any matter which may involve or result in public controversy. Officers are expected to use common sense and discretion, and should refrain and if at all possible avoid engaging in any of the following activities: 

(1) participating in any public debate on any subject of a political nature, or any matter relating to the public service, or to their role as a public officer, or to the administration of the government in general; 

(2) contributing articles, letters or other materials for publication on any matter of a political nature or expressing views contrary to declared government policy whether in that officer's own name or under a false name; and 

(3) participating in any broadcast, lecture, rally or other similar public meeting where matters of a political nature, or matters relating to the administration of government or the public service, or to their role as a public officer may be debated or discussed. 

5.3.4 Interpretation 

GAO 5.3.3 is to be interpreted so as to restrict to the minimum extent possible the rights of public officers as citizens of Tuvalu. It is also to be interpreted in a manner that ensures that officers may exercise fully their traditional cultural rights, including the right to fully participate in the deliberative and decision-making processes of island communities. 

5.3.5 Participation in Politics 

Officers entitled to vote at elections to any public office or political or trade union office, are encouraged to exercise their right to vote. However, they are discouraged from actively participating in politics, and in particular from becoming involved or from personally undertake the following activities: 

(1) speak, broadcast or ask questions in public, call a public meeting or actively take part in such a meeting concerned with any political matters; 

(2) write letters to the press or publish books, articles or pamphlets giving their views on political matters; 

(3) canvass, support or collect funds in support of political candidates or of any political cause or body; 

(4) nominate, sponsor or support in any public way a candidate for election; 

(5) hold office in, or take part in the management of any political organisation. 

5.3.6 Prior Permission Required to Communicate Official Papers 

No officer may, without prior and express permission of the Secretary to Government, make available to any unauthorised person, or make public or communicate to the Press or to individuals or make private copies of: documents, papers or information which that officer may have obtained in an official capacity, unless it is in the interest of Government to do so. Every public officer is required to exercise due care and diligence to prevent such knowledge from being disclosed or communicated or discovered. 

5.3.7 Production of Official Documents for Legal Proceedings 

All subpoena and other similar requests for government documents received by public officers shall be referred to the Office of the Attorney-General for appropriate legal advice. No government documents in the possession of a public officer are to be released until approval for such release has been obtained from the Attorney-General 

5.3.8 Officers Standing for Parliament 

An officer who wishes to stand for election to Parliament must comply with the provisions of the Public Service Act (Cap 97) and appropriate regulations. 

5.4 PECUNIARY EMBARRASSMENT

5.4.1 Financial Embarrassment 

If an officer gets into serious financial difficulty for whatever reason it will be regarded as affecting the officer's efficiency. Whenever a Secretary or Head of Division becomes aware that an officer within the Ministry is in serious financial difficulties the Secretary concerned must immediately report the facts to the Secretary to Government for consideration of the circumstances and the necessity for disciplinary proceedings. 

5.4.2 Circumstances to be Reported 

An officer who becomes so financially involved that the officer is unable to meet obligations is required at the earliest possible moment to place a complete statement of the facts of the case before the Secretary concerned for submission to the Secretary to Government. 

5.4.3 Embarrassed Officers Not to Handle Money 

Even where the circumstances do not warrant the interdiction of an officer from duty, in no case may an officer who is so financially involved that the officer is unable to meet any obligations continue to be employed on duties involving the handling of public money. 

5.4.4 Lending for Interest Between Officers Prohibited 

No officer shall borrow at interest from or make any loan at interest to any public officer in return for payment of a larger sum or any other valuable consideration whatsoever, or shall act as an intermediary between any public officer and a money lender or shall take part in collecting debts on behalf of a money lender. In particular no officer shall borrow money from a subordinate officer and no officer shall lend money to a senior officer. Officers who act in contravention of this GAO wil1 render themselves 1iable to disciplinary actions and Secretaries and Heads of Division are responsible for reporting to the Secretary to Government anyone who is known to be contravening this GAO. 

5.4.5 Advice Available 

An officer who is in financial difficulties may seek advice in a confidential and private capacity from the Secretary to Government. The Secretary to Government is in a better position to assist officers if they seek advice during an early stage of indebtedness. 

5.5 GIFTS

5.5.1 Receiving Gifts 

Officers are forbidden in the course of their official duties, to give or receive valuable gifts or presents (other than ordinary gifts from personal friends) whether in the form of money, goods, services, passages or manner of beneficial transaction and from giving presents or providing such benefits. 

5.5.2 Where Gifts Cannot be Refused 

Presents from public bodies or personages received in the course of public duty which cannot be refused without giving offence may be accepted, but must be reported to the Secretary to Government. 

5.5.3 Gifts on Retirement or Death 

The provisions of General Administrative Order 5.5.2. above may be relaxed with the consent of the Secretary to the Ministry concerned to permit a voluntary contribution to be made for: 

(1) an officer permanently leaving the service; 

(2) towards a tribute on the death of an officer. 

5.6 LEGAL PROCEEDINGS

5.6.1 Officers Not to Institute Legal Proceedings 

Except where authorised by any law, officers may not institute legal proceedings on any matter connected with their official position or arising out of the discharge of their duties without the permission of the Attorney-General. Any request for permission to institute proceedings on such matters must be submitted to the Attorney-General through the officer's Secretary, giving full details of the issues involved. 

5.6.2 Officers Assisted in Certain Cases 

Whenever civil proceedings are instigated against officers which arise out of their official position, or are the result of an act performed by them in the course of their official duties, officers may apply through their Secretaries to the Attorney-General for assistance, giving full details of the issues involved. If the Attorney-General is satisfied that the proceedings have arisen through the officer acting in good faith in the performance of official duties and it is in the public interest that the officer should be defended, the Attorney-General may arrange for the officer's defence accordingly. Whether any damages or costs awarded against an officer in a civil suit are paid from public funds will be a matter for consideration on the facts of the case. 

5.6.3 Expert Evidence in Court 

A public officer may not, except as provided in the following GAOs, give expert evidence in court in civil cases other than as a witness for the Government. No objection shall be raised to officer's giving evidence of a non-technical nature or evidence not connected with official duties. 

5.6.4 Permission Required to Give Expert Evidence 

An officer who is requested to give voluntarily in Court advice or evidence of a technical nature in respect of which, by virtue of the officer's qualifications, and appointment, that officer is regarded as an expert, the officer must obtain permission from the Secretary concerned to do so, before complying with the request. 

5.6.5 Subpoenas to be Obeyed 

An officer who receives a subpoena to give evidence in Court must obey that subpoena. 

5.6.6 Expert's Fees 

Officers who receive fees in respect of technical advice or evidence which they give in court must inform the Secretary to Government. 

5.6.7 Leave to Attend Court 

(1) Except where it is part of the duties of a public officer to attend court in any capacity, an officer must first obtain leave of absence to do so from the Secretary. 

(2) Where leave of absence is requested so that an officer may attend court in a matter not related to official duties, a Secretary shall determine the time during which that officer may be absent from duty and whether that leave of absence should be deducted from the leave entitlement of that officer. 

(3) Where leave of absence is requested so that an officer may attend court as an accused person, the officer shall be granted leave of absence and the period of such absence from official duty shall be deducted from any leave entitlement. 

5.7 MISCONDUCT AND OFFENCES

5.7.1 Reputation of the Service 

Any act by a public officer which may bring the Service into disrepute must be reported to the Secretary of the Ministry to which the officer in question belongs or is attached and the Secretary shall inform the Secretary to Government. 

5.7.2 Misconduct 

Misconduct consists of any act or omission contrary to the specific rules and regulations of the service or against the general interests of an efficient public service. 

5.7.3 Disciplinary Offences 

A list of disciplinary offences is prescribed under Public Service Commission Rule 
44. 

5.7.4 Criminal Offence Implying Misconduct 

A public officer who has been convicted of a criminal offence may be guilty of Misconduct. The procedure to be followed in the case of officers convicted of criminal offences is described in Chapter 6 (Discipline). Officers convicted of any offence are responsible for reporting the matter to their Secretaries or Heads of Division. 

5.7.5 Criminal Offences to be Reported 

A Secretary must report to the Secretary to Government every instance in which an officer is charged before a Court with a serious offence. As soon as the case is heard the Secretary to Government shall be informed of the outcome and where appropriate disciplinary proceeding will be instituted against the officer. For the purposes of this GAO a serious offence is one which is liable to a penalty of one hundred dollars and/or imprisonment for six months. 

5.7.6 Inefficiency 

Inefficiency cannot be established by a single act of incompetence. The exact definition must vary with the facts of the case, but it usually consists of a series of acts, or omissions, incompetence or misbehaviour, which, in themselves, are not serious enough to merit proceedings for misconduct, but which in their cumulative effect show that a public officer is not discharging the duties of office in an effective manner. 

5.7.7 Loss to Public Funds Surcharged 

If at any time public funds sustain a loss by reason of the neglect or fault of any officer, or through disregard for, or failure to comply with any provision of the General Administrative Orders, Financial Instructions or other administrative instructions, the officer shall, subject to Financial Instructions, be liable to be surcharged up to the amount of the loss. Any sums due to that officer by Government may be withheld in satisfaction of such surcharge. 

5.7.8 Driving Government Vehicles 

No officer may drive a Government vehicle unless the following conditions are satisfied — 

(1) the officer is in possession of a valid driving licence, 

(2) the officer has the permission of a Secretary to drive the vehicle, 

(3) there is an emergency such as the sudden absence or incapacity of the driver. In such cases the officer must report the matter immediately on completion of the journey to the officer who would normally authorise the journey in question. 

5.7.9 Government Vehicles Not for Private Use 

No officer may use a government vehicle for private purposes without the permission of the Secretary of that officer's Ministry. Permission will normally be granted for the use of Government transport for urgent official medical treatment and for the transport of an officer and the officer's personal effects on arrival and departure from the officer's station: 
Provided that where a government vehicle is available to the general public at approved rates of hire, officers may hire that vehicle in the same manner as members of the general public. 

5.7.10 Offence to Carry Passengers 

It is a serious offence to carry passengers for payment in Government vehicles. 

5.8 REPRESENTATIONS AND PETITIONS

5.8.1 Procedure for Making Representations 

Any public officer who has any representations to make on any matter relating to the public service must address them in the first instance to the officer's Head of Division. If this does not achieve satisfaction the officer may then address the Secretary of the Ministry through the Head of Division. If the Secretary or Head of Division is unable to settle the matter the officer will submit a full report to the Secretary to Government. If the matter is dealt with by the Head of Division or Secretary but not to the satisfaction of the officer concerned the latter may address the Secretary to Government through the Head of Division or Secretary. These officers will forward the representations submitted together with their comments to the Secretary to Government. The Secretary to Government will, as appropriate, submit the matter to the Public Service Commission or to the Prime Minister as the Secretary to Government considers appropriate. The Secretary to Government will convey the decision to the officer. 

5.8.2 Complaints Against Head of Division or Secretary 

In the event of a complaint being made against the Head of Division, an officer may address the Secretary of the Ministry direct. In the event of a complaint against a Secretary, the Head of Division or any officer may address the Secretary to Government. 

5.8.3 Procedure Where Disciplinary Proceedings Involved 

The procedure for appeals against disciplinary matters is dealt with in Chapter 6, Discipline. 

___________

APPENDIX 5A

TUVALU GOVERNMENT

Ministry/Division: 

FORM P8 ATTENDANCE REGISTER (GAO 5.1.11) 		AM 		PM 			
Date 	Name of Officer 	Time In 	Time Out 	Time In 	Time Out 	Remarks 	

________________

CHAPTER 6 - DISCIPLINE

6.1 GENERAL

6.1.1 Authority

The power to exercise disciplinary control over persons holding or acting in any public office is vested in the Public Service Commission, under section 149 of the Constitution. 

6.1.2 Doubtful Cases 

Any case not covered by this Chapter or the Public Service Commission Rules must be reported to the Secretary to Government who will refer it to the Public Service Commission for directions on the procedure to be followed. 

6.1.3 Delegated Powers of Secretaries 

The following powers may be exercised by Secretaries: 

(1) the grant or deferment or withholding of the increment of any officer serving in any office; 

(2) the removal of a temporary officer from any office and the exercise of disciplinary power over such officer save where the officer has been convicted on substantially the same facts of a criminal offence; 

(3) the issue of written warnings and reprimands; or 

(4) the exercise of disciplinary powers not including dismissal or retirement in the interests of the service in respect of officers below level 9. 

6.1.4 Delegated Powers to Other Public Officers 

Public officers on salaries above salary level 9 may exercise power to hold disciplinary inquiries and investigations in accordance with the provisions of GAOs 6.5.1. 

Provided that such power shall not imply any power to reach any final decision or award of punishment, such decision and the award of punishment being made by the Secretary except where it is to be made by an authority superior to the Secretary. 

6.1.5 Punishments 

The following are the punishments which may be imposed as a result of disciplinary action: 

(1) dismissal 

(2) reduction in rank 

(3) reduction in salary 

(4) deferment of increment 

(5) withholding of increment 

(6) reprimand 

(7) forfeiture of emoluments withheld during a period of interdiction 

6.1.6 Retirement in the Interests of Service 

If on completion of disciplinary proceedings instituted for the dismissal of an officer, the Commission is of the opinion that the officer does not deserve to be dismissed but that the proceedings disclose grounds for removing that officer on the grounds of general inefficiency in the performance of duties it may remove the officer from the public service on such grounds. 

6.1.7 Loss of Benefits on Dismissal 

A public officer who is dismissed forfeits any rights to retirement benefits other than those to which the officer is entitled under the Tuvalu National Provident Fund Act. The officer will not be entitled to free transport facilities. 

6.1.8 Benefits of Retired Officers Retained 

An officer who is terminated for inefficiency is eligible for such retiring benefits as may be permitted under any law or regulation. Such officers will be eligible for leave and transport benefits as if they had retired. 

6.1.9 Loss of Allowances for Unsatisfactory Work 

The payment of all allowances is conditional upon the efficient performance of duties, and in any case in which no other disciplinary action is considered appropriate the Public Service Commission may withhold any such allowance in respect of an officer whose performance of duties is found to be unsatisfactory. 

6.1.10 Reduction in Rank or Salary 

Reduction in rank or reduction in salary may be imposed in any case where a penalty other than dismissal is appropriate. Reduction in rank or salary are particularly appropriate penalties in cases of proven inefficiency. 

6.1.11 Withholding of Increments 

Where it is proposed to defer or withhold an increment having regard to any misconduct or dereliction of duty, a Secretary shall have regard to the gravity of the misconduct, if any, the nature of the officer's subsequent behaviour, and the officer's present degree of efficiency. A Secretary shall bear in mind that: 

(1) "Deferment" is to be applied when for any reason there is a doubt and it is desired to reserve judgement and give further time for improvement. If the increment is granted it is given retrospectively from the date on which it originally became due. 

(2) "Withholding" an increment takes place if it is decided that an increment should not be granted with effect from the date it became due. Where an increment has been withheld for a period of less than one year the person concerned shall be entitled to draw increased salary as of the day following the close of the period for which the increment was withheld and shall be eligible for a further increment on the next normal incremental date. Where the increment has been held for a year the officer concerned shall be eligible for one increment, and no more, on the next incremental date. 

6.1.12 Secretary to Government Informed of Increments Withheld 

When a Secretary is of the opinion that an increment for an officer should be deferred or withheld on the grounds of unsatisfactory service during the previous year, or if a Secretary considers that an increment which has been deferred or withheld should be granted, the Secretary must inform the officer and shall forward a confidential report stating the reasons for the proposed action, to the Secretary to Government, who shall inform the Commission. 

6.1.13 Information on Disciplinary Proceedings 

Where in accordance with Public Service Commission Rules and General Administrative Orders, a Secretary authorises, initiates or recommends any disciplinary proceedings against an officer, the Secretary must inform the Secretary to Government who will inform the Public Service Commission of the action taken or proposed and must ensure that it is kept informed at each stage of the proceedings. 

6.1.14 Commission May Resume Delegated Powers 

The Public Service Commission may resume the exercise of any delegated powers and may, at its discretion, initiate disciplinary proceedings or discontinue them. 

6.1.15 Proceedings Against Contract Officers 

Where it is necessary to institute disciplinary proceedings against a contract officer the procedure shall be as in the case of a permanent officer of the same salary level except that an officer's agreement may be terminated in accordance with the provisions of PSC Rule 42 if this is considered more appropriate. 

6.1.16 Proceedings Against Temporary Officers 

(1) Where it is necessary to institute proceedings against a temporary officer the procedure shall be as prescribed in PSC Rule 62 except that the appointment may be terminated at any time. 

(2) Disciplinary action may be taken by the Secretary of the Ministry concerned who may cause an investigation to be made in such manner as the investigating officer may think fit, provided that the officer shall be entitled to know the whole case forming the basis of the disciplinary proceedings and shall have an adequate opportunity of making a defence. 

(3) If the officer is convicted of a criminal offence the Secretary of the Ministry concerned shall consider the judgement of the court on such charge (and the record of proceedings, if available) and shall decide whether the officer should be dismissed or subject to some lesser disciplinary punishment without any of the proceedings prescribed in GAO 6.1.16(2) being instituted. 

6.2 PRELIMINARY ACTION

6.2.1 Procedure for Misconduct and Inefficiency 

All acts of misconduct or inefficiency by public officers (as defined in the General Administrative Orders) shall be dealt with in accordance with the procedures laid down in the Public Service Commission Rules and in the General Administrative Orders with the minimum of delay. The value of disciplinary action is largely lost unless prompt action is taken at all stages and officers concerned with disciplinary action must give priority to deal with any papers referred to them or initiated by them in disciplinary cases. 

6.2.2 Officers to be Notified 

It is the duty of every supervising officer who observes a fault or a shortcoming in a subordinate officer to give that person oral notice of any fault and bring it to the attention of the Head of Division or Secretary of the Ministry. 

6.2.3 Warning Letters 

As soon as it comes to the notice of a Head of Division or a Secretary that the work of any subordinate officer is unsatisfactory, but that the unsatisfactory work or behaviour does not amount to misconduct, the Head of Division or Secretary shall inform the officer in writing of the fault or shortcoming, requesting that it be remedied. 

6.2.4 Warnings for Inefficiency 

Similarly, if it is considered that an officer's work is inefficient to the extent that the officer's services could be terminated for inefficiency, the officer must be warned in writing and given an opportunity to improve or offer an explanation for the inefficient conduct. 

6.2.5 Consequential Action by Secretaries 

After issuing a written warning and considering such written representations as the officer may make the Secretary will decide whether: 

(1) the officer has provided sufficient reasons to excuse the conduct in question, in which case the Secretary will advise the officer that the explanation was, in the circumstances, satisfactory; or 

(2) the officer has not provided sufficient reasons to excuse the conduct in question, but in the circumstances, no immediate punishment is warranted, in which case the Secretary will issue an appropriate formal written warning and require the officer to acknowledge receipt thereof in writing; or 

(3) the officer has not provided sufficient reasons to excuse the conduct in question and appears to deserve punishment, in which case disciplinary proceedings will be instituted. 

6.2.6 Formal Warnings 

A formal warning issued in accordance with GAO 6.2.4 must advise the officer of the consequences of: 

(1) in the case of misconduct, any repetition of the offence; or 

(2) in the case of inefficiency, a failure to improve. 

Copies of any formal warning will be copied to the Secretary to Government. 

6.3 INTERDICTION OR SUSPENSION

6.3.1 Misconduct to be Reported 

It is the duty of a supervising officer or Head of Division who becomes aware of the misconduct of a subordinate officer to report it to the Secretary of the relevant Ministry. 

6.3.2 Interdiction for Criminal Offence or Serious Misconduct 

When the Secretary considers that the misconduct involves a criminal offence, or is likely to result in the dismissal of the officer, or if the Secretary considers that the interests of the public service require that the officer should cease to exercise any powers and functions as a public officer, the Secretary shall forward a request to the Secretary to Government that the officer be interdicted from duty. The Secretary to Government shall refer the matter to the Commission for its decision. 

6.3.3 Urgent Action 

Where in the opinion of the Secretary it is necessary that the interdiction be made forthwith or where there would be a delay of more than 48 hours before a decision could be given by the Commission the Secretary may, after considering the circumstances of the case interdict the officer from duty, provided that: 

(1) the matter shall be reported to the Commission for consideration at its next meeting and the Commission may confirm or cancel the order for interdiction; 

(2) the power to issue such an order shall not be exercised in respect of an officer above level 10. 

6.3.4 Emoluments Payable on Interdiction 

(1) An officer who is interdicted or suspended from duty will receive 50% of the officer's regular salary. 

(2) If the officer is not convicted or a judgement of guilty is quashed on appeal by any Court, the emoluments withheld from the officer shall be restored. 

6.3.5 Secretary to Government to Inform Officers Interdicted 

The Secretary to Government shall inform officers concerned of their suspension and the level of emoluments it is proposed to pay them during suspension. The Secretary to Government shall also inform officers of their right to make representations to the Commission concerning their suspension. The Commission may vary or confirm the decision in the light of such representations. 

6.3.6 Emoluments Restored if Case Dismissed 

Where any disciplinary proceedings initiated against an officer do not result in the dismissal or punishment of an officer the whole of the emoluments withheld shall be restored to the officer when the final decision is made. Where any lesser punishment is awarded not amounting to dismissal, there shall be restored to the officer such proportion of any emoluments withheld as in the opinion of the Commission is justified in the circumstances of the case. 

6.3.7 Interdiction on Criminal Conviction 

When an officer is convicted of a criminal offence likely to result in dismissal, the Secretary to that officer's Ministry will: 

(1) suspend the officer from duty and inform the officer accordingly in writing, if such action has not already occurred; 

(2) inform the officer in writing that the officer's salary will be withheld in full until disciplinary proceedings are completed; 

(3) after consultation with the Commission, inform the officer what allowance, if any, will be granted for the support of the officer's family until disciplinary proceedings have been completed. 

6.3.8 Interdicted Officers Not to Leave Tuvalu 

(1) An officer who is under interdiction shall not leave Tuvalu without the permission of the Secretary of that officer's Ministry. 

(2) It shall be the duty of an officer under interdiction to leave with the Secretary an address within Tuvalu where the officer may be contacted at any time. 

6.3.9 Interdiction Not Applicable to Temporary Officers 

Interdiction should not be used in the case of staff on temporary terms or on hourly, daily or weekly rates. If a member of such staff is arrested on a criminal charge and it is necessary to prevent that officer from performing any functions as a public officer pending the result of criminal or disciplinary proceedings the officer's employment may be terminated forthwith by payment of the appropriate wages in lieu of notice. Such action should be taken on the understanding that if the officer is subsequently exculpated the officer may be re-engaged as from the date of exculpation or from the day following the expiration of the period for which the officer was paid in lieu of notice, whichever is the earlier. 

6.3.10 Availability of interdicted Officers 

Interdicted officers must keep the Ministry where they are employed informed of the address at which instructions to them can be delivered. If such officers fail to comply within twenty-four hours with any delivered instructions, they wiI1 be regarded as being absent from duty without permission. 

6.4 PROCEEDINGS THE SUBJECT OF A CRIMINAL CHARGE

6.4.1 Procedure to be Followed in PSC Rules 

Where a preliminary investigation or any disciplinary enquiry discloses that an offence against any law may have been committed by an officer the procedure set out in PSC Rule 47 shall be followed. 

6.4.2 Police to be Informed 

When on preliminary enquiry into the misconduct of an officer a Secretary has reason to believe that a criminal offence has been committed, the Secretary shall immediately inform the Police. If the Police are unable to take action the Secretary to Government will consult the Attorney-General as to whether a prosecution should be instituted. If the Attorney-General does not advise that the officer should be prosecuted, the Attorney-General should nevertheless advise whether any disciplinary action should be taken and, if so, assist in framing the charges against the officer. 

6.4.3 Secretary for Finance, and Auditor-General to be Informed of Loss of Funds 

When in terms of the General Administrative Orders the offence believed to have been committed involves the misappropriation of public funds, the Secretary will immediately inform the Secretary for Finance, and the Auditor-General. The procedures for dealing with loss of funds generally are set out in the Financial Instructions. 

6.4.4 Proceedings to Await Outcome of Criminal Prosecution 

In any case where criminal proceedings are instituted against an officer, disciplinary proceedings on any grounds involved in the criminal charge shall not be taken until the conclusion of criminal proceedings and the determination of any appeal therefrom (PSC Rule 48). 

6.4.5.Action Where Officer Acquitted 

An officer who is acquitted of a criminal charge shall not be dismissed or otherwise punished in respect of that charge, but the officer may nonetheless be dismissed or otherwise punished on charges arising out of the officer's conduct in the matter unless the charges raise substantially the same issues on which the officer was acquitted (PSC Rule 49). 

6.4.6.Action Where Officer Convicted 

If an officer is adjudged guilty of a criminal charge in a Court, the officer's Secretary shall bring the matter to the notice of the Secretary to Government together with any necessary recommendations. The Secretary to Government will invite the officer to make any representations in mitigation of the offence. The Secretary to Government shall forward the report to the Public Service Commission together with any recommendation as to penalty, a copy of the charge and judgement (and the record of proceedings of the Court, if available). Further action shall be taken in accordance with Public Service Commission Rule 58. 

6.4.7 Entitlement to Emoluments after Conviction 

An officer who is adjudged by a Court to be guilty of a criminal charge serious enough to warrant dismissal from the Service shall receive such emoluments, if any, as the Public Service Commission shall think fit, with effect from the date of such judgement. If the judgement of guilty is quashed on appeal by any Court, the emoluments withheld from the officer shall forthwith be restored. 

6.5 DISCIPLINARY PROCEEDINGS AND THE PUBLIC SERVICE COMMISSION

6.5.1.Procedures Under PSC Rules 

The procedures to be followed against public officers where disciplinary action is to be taken are set out in the Public Service Commission Rules. 

(1) Disciplinary Action for Misconduct 

The procedure for dismissal, and the disciplinary procedure against an officer where the alleged misconduct does not warrant dismissal, are set out in PSC Rule 57 (9). 

(2) Retirement in the Public Interest 

The procedure for retirement in the public interest is set out in PSC Rule 42. 

(3) Criminal Conviction of an Officer 

The procedure to be followed on the criminal conviction of a public officer is set out in Public Service Commission Rule 58. 

(4) Admission of an Offence 

The procedure to be followed when a public officer admits an offence the subject of a disciplinary charge is set out in Public Service Commission Rule 60. 

6.5.2 Evidence to be Made Available to Officers 

An officer in respect of whom a disciplinary inquiry is to be held is entitled to receive a free copy of, or be allowed access to any documentary evidence relied upon for the purposes of the inquiry. The officer may also obtain copies of documents tendered in evidence after the inquiry has closed, provided that the officer shall not be entitled to receive copies of any other official documents, other than those which may be given in evidence at the inquiry, nor recorded reasons for any decision. 

6.6 PROCEEDINGS FOR RETIREMENT IN THE PUBLIC INTEREST

6.6.1 Procedure to be Followed 

The Procedure for retiring an officer in the public interest as a disciplinary measure is set out in detail in PSC Rule 42. 

6.7 APPEALS

6.7.1 Appeals Where Power Delegated to Secretaries 

An officer, other than an officer on hourly or daily rates of pay, may appeal under Rule 70 of the Public Service Commission Rules against a penalty imposed by a Secretary as a result of disciplinary proceedings. The Commission will decide on such appeal. 

6.7.2 Time Allowed for Appeals 

No appeal will be entertained unless it is received within three weeks of the date the decision was addressed to the officer, but the Commission may entertain an appeal out of time if, in the opinion of the Commission, circumstances warrant such an appeal. 

6.7.3 Second Appeal on New Evidence 

Only one appeal is allowed, but a second appeal within one month of the date the decision on an appeal under GAOs 6.7.1 and 6.7.2 is handed down may be allowed if the Commission is satisfied that the second appeal contains new and material facts which might have affected the former decision, and if adequate reasons are given for the non-disclosure of such facts in respect of the initial appeal. 

6.7.4 Decisions Not Invalidated by Failure to Notify Right of Appeal 

When a decision is addressed to an officer in respect of any disciplinary decision or penalty, the officer shall be informed that an appeal may be lodged within two weeks thereafter, but the decision will not be invalidated if the right of appeal is not communicated. 

6.7.5 Appeals by Police Officers 

The procedure to be followed in respect of an appeal by a police officer below the rank of Inspector from the decision by the Commissioner of Police shall be the same as that prescribed in GAO 6.7.1 above in relation to a decision taken in respect of a public officer where power has been delegated to Secretaries. 

CHAPTER 7 - SALARIES, INCREMENTS AND RETIREMENT BENEFITS

7.1 SALARIES

7.1.1 BudgetaryProvision 

Budgetary provision for the payment of salaries to public officers out of the Consolidated Fund is contained in the approved National Budget. 

7.1.2 Establishment Register 

The salary scale for a particular post is that shown in the Establishment Register forming part of the National Budget as amended from time to time. 

7.1.3 Currency for Payment of Salaries 

Salaries and allowances payable within Tuvalu and charged to the personal emolument item of an output will be paid in Australian currency. 

7.1.4 Officers Overseas 

An officer who is overseas and who is eligible to draw salary during that absence may be paid all or part of that salary in the currency of the overseas country in accordance with the exchange rate published by a bank under arrangements approved by the Ministry of Finance. 

7.1.5 Method of Payment 

All salaries will be paid into a bank account. Officers must notify the Ministry of Finance, by the first day of the month if they require any alternation in the method of payment. In the case of officers posted to outer islands salaries will be paid by Telmo unless the officer requests otherwise. 

7.1.6 Calculation of Fortnightly Salary 

Fortnightly salaries will be calculated by dividing the annual salary by twenty six fortnights. A part of a fortnight's salary will be calculated by dividing the fortnight's salary by the number of days of that fortnight and multiplying by the number of days employed in that fortnight including Saturdays, Sundays and Public Holidays. 

7.1.7 Salaryon Appointment 

Subject to the provisions of GAO 3.1.12 & 3.1.16, officers shall receive salaries from the date on which they assume duty. Current salary scales are as shown at the Salary Structure in the National Budget. 

7.1.8 Appointments to Minimum Scale Posts 

An officer appointed to a post carrying an incremental scale will normally receive salary at the minimum point of that scale. Additional increments may be awarded in accordance with the provisions of GAO 7.2.3. below. 

7.1.9 Part-Time Staff 

Staff employed on a part time basis shall be paid pro rata. 

7.1.10 SalaryNotification 

Any change in the status or posting of an officer which is likely to affect the payments of salaries and allowances shall be reported by the officer's Head of Division to the Secretary for Finance, in the form prescribed at Form P9 Appendix 7A to this Chapter. A copy of the notification shall be sent to the Secretary to Government. 

7.1.11 Advances of Salary 

Advances of salary may only be made with the approval of the Secretary for Finance in accordance with Financial Instructions 

7.1.12 Conditions Relating to Advance 

An officer may apply for an advance of salary in the following circumstances: 

(1) on first appointment; 

(2) when proceeding on leave; or 

(3) on compassionate grounds in circumstances where an officer is put to unavoidable expense for which that officer could not have reasonably made prior provision. 

7.1.13 Applications for Advance 

Applications for advances under GAO 7.1.11 should be submitted to the Secretary for Finance, through an officer's Secretary, who will forward them to the Secretary for Finance with appropriate recommendations. 

7.2 INCREMENTS

7.2.1 Entry Point for New Officers 

Every officer appointed to a post in the public service will enter the appropriate scale at the minimum point of the scale unless the Public Service Commission approves such officer entering the scale at any higher incremental point. 

7.2.2 Incremental Credits for Experience 

Incremental credits may be awarded on first appointment for previous relevant experience up to the maximum of the scale on the recommendation of the Secretary to Government. 

7.2.3 Incremental Credits for Educational Qualifications 

Incremental credits may be awarded on first appointment for possession of educational qualifications at the rates shown below on the recommendation to the Secretary to Government: 

	Increments	
(1) where the minimum qualification for a post has been prescribed as a University degree, or a professional qualification of equivalent standard, for each year of training additional to the basic degree course, leading to the award of a supplementary degree, diploma or other qualification which is specially relevant to the duties of the post.	1	
		
(2) where a teacher is qualified to hold an appointment to teach in a primary school and holds in addition a degree or diploma in teaching.	1	
		
(3) for 4 subjects in the Pacific Senior School Certificate or equivalent including English	1	

7.2.4 Incremental Date on Appointment 

On appointment, an officer's incremental date will be as follows: 

(1) if the officer assumes duty before 16th of a month, the 1st day of that month. 

(2) if the officer assumes duty on or after 16th of a month, the 1st day of the following month. 

7.2.5 Future Incremental Date 

Except where otherwise provided by law the incremental date of every officer shall be the first day of the month in which the officer was appointed in accordance with GAO 7.2.4 following completion of 12 months service, except as provided in GAO 7.2.6 and GAO 7.2.8. below. 

7.2.6 Salaryon Promotion 

An officer promoted to a higher post will receive the salary of that new post from the effective date of the promotion calculated as follows: 

(1) If immediately prior to promotion the salary of the officer was less than the fixed salary of the new post, the officer shall be paid the fixed salary from the date that the officer assumes duty; 

(2) If immediately prior to promotion the salary of the officer was less than the minimum salary of the new post on the incremental scale the officer will be paid the minimum salary from the date that the officer assumes duty; 

(3) If immediately prior to promotion the salary of the officer was above the minimum salary of the new post of promotion the officer will enter the salary scale at the point immediately above the officer's old salary. 

7.2.7 Academic or Professional Achievements 

(1) An officer who obtains a certificate of professional or academic achievement following a course of training in Tuvalu or overseas may be considered for the award to an extra increment on production of such certificate to the Secretary to Government. 

(2) For the purpose of this General Administrative Order "certificate" means a certificate which is recognised internationally and which is awarded for an examination pass. 

(3) Applications for an award under this General Administrative Order shall be submitted to Secretaries who shall obtain the approval of the Secretary to Government. 

7.2.8 Grant of Increments 

(1) No officer is entitled to increments as of right. Increments will only be granted where an officer's work, conduct and attendance are in all respects satisfactory in addition to passing any prescribed examinations. 

(2) No officer will receive increments beyond the maximum of the salary scale attached to a post. 

7.2.9 Leave Periods and Increments 

Leave with pay shall be considered when an officer is to be awarded an increment, but leave without pay of one month (two fortnights) or more will not qualify an officer for an increment. The officer's incremental date will be deferred by a period equivalent to the number of completed months of such leave and that date shall become the future incremental date. 

7.2.10 Incremental Certificates and Reports 

Four weeks before an officer's incremental date the Secretary shall prepare a certificate in respect of each officer who is due for incremental credit, together with a supporting schedule. The incremental certificates and schedule will be sent to the Secretary to Government, together with any observations the Secretary may wish to make. The prescribed form of incremental certificate is set out in the Appraisal Report in Form P6 at Appendix 3F in Chapter 3. 

7.2.11 Payment of Increments 

Subject to the provisions of GAO 7.2.6, the Ministry for Finance will not pay any officer holding an office for which an increment bar has been established any increment at or above the level of that bar, unless a certificate has been produced establishing that the officer's work has been satisfactory. 

7.2.12 Criteria for Withholding Increments 

Unpunctuality or a poor record of attendance shall be sufficient reason to defer or withhold an increment and Secretaries must draw attention to any failings of officers in their divisions, including those listed in the schedule for the grant of increments. However, the withholding of an increment is not an appropriate penalty for a particular dereliction of duty where the officer qualifies for an increment in other respects. A reprimand might be more appropriate in such circumstances. 

7.2.13 No Increment on Probation 

An officer appointed to a post on probation is not eligible for an increment during the period of probation. 

7.2.14 Officers Informed of Increments Withheld 

A Secretary who is unable to certify that an officer has performed with efficiency, diligence and fidelity will notify the officer in writing. The Secretary will report to the Secretary to Government that the increment has been withheld and the Commission shall be informed. 

7.2.15 Increments Deferred 

Where the award of an increment has been deferred the increment may be granted as from the incremental date in which case arrears due may be paid to the officer. 

7.2.16 Increments Withheld for a Year 

Where an increment has been withheld for a year the officer concerned shall be eligible for one increment and no more on the next incremental date. 

7.2.17 Increments Deferred for Less Than a Year 

Where an increment has been deferred for a period of less than one year the officer concerned shall be entitled to draw the increased salary as from the day following the close of the period on which the increment has been deferred and shall be eligible for a further increment at the next incremental date. 

7.3 RETIREMENT BENEFITS & GRATUITIES

7.3.1 Authority for Calculating Pensions and Gratuities 

(1) The Calculation of any retirement benefits due to a permanent officer in the Public Service is the responsibility of the General Manager of the Tuvalu National Provident Fund in accordance with the relevant provisions of the Tuvalu Provident Fund Act. 

(2) The authority for the payment of gratuities not covered by the Tuvalu National Provident Fund Act remains the responsibility of the Government of Tuvalu. 

7.3.2 Benefits Not Payable on Dismissal 

An officer who is dismissed forfeits the right to any terminal benefits other than those provided for under the Tuvalu National Provident Fund Act. 

7.3.3 Calculations by Secretary to Government 

Contractual gratuities in respect of officers recruited from overseas will be calculated by the appropriate Secretary for approval by the Secretary to Government and paid by the Ministry of Finance, in accordance with the provisions of their agreements. 

7.3.4 Gratuities When Officer Interdicted 

Where the stipulated period of service of an officer serving on contract terms terminates while the officer is interdicted pending the hearing of a criminal charge or on disciplinary proceedings, the officer shall not be entitled to receive any gratuity in respect of that period of service before the case is determined. 

_________________

APPENDIX 7A

TUVALU GOVERNMENT

FORM P9 CASUALTY RETURN

(GAO 7.1.10)

To: Ministry of Finance

Casualty Return for the Month of...................................Serial No: 

Please, set up or amend, as relevant, the "Record of Salary Database" to provide and allocate the payment and/or deductions set out below. I certify that proper authority exists for the employment of the officer named and that funds are available for the payment.

Date: ........................... (Accounting Officer) 

Ministry:

Names	Post	Reasons for Submission	

			

CHAPTER 8 - CLASSIFIED WORKERS

8.1 CONDITIONS OF SERVICE

8.1.1 General 

The conditions of service for casual and classified workers are set out in this Chapter. A casual or classified worker means an employee of the Tuvalu Government who does not hold an established post, and whose emoluments are fixed on an hourly basis. 

8.1.2 Casual and Classified Workers 

(1) A casual worker is a worker in the four occupational groups in GAO 8.1.3, who is on contract at will and whose employment may be terminated by either party at the close of work on any day. 

(2) When a casual worker has completed 12 months service with Government (excluding breaks in service) that casual employee becomes eligible to become a classified worker on a fortnightly contractual basis terminable by either party on giving a fortnight's notice, or a fortnight's pay in lieu of notice. 

(3) The number of casual workers and classified workers which can be employed at any time is subject to financial provisions being made in the National Budget. No casual worker may become classified if financial provision is not made for additional posts. 

(4) The term classified worker does not include workers who are recruited and employed for a specific project irrespective of the length of that project. 

8.1.3 Occupational Groups 

All hourly paid workers who do not hold an established post whether designated "casual" or "classified", will be separated in four occupation groups as follows: 

Group 1: Supervisors 

Group 2: Skilled artisans 

Group 3: Semi-skilled artisans 

Group 4: Unskilled labourers and other employees 

8.1.4 Scales of Pay 

Current pay rates are attached as in Wage Structure for Classified Workers in the National Budget. Wages will be paid fortnightly. Casual workers who resign at times other than the fortnightly pay period should be paid out within 48 hours of notice being received. 

8.1.5 Overtime 

Overtime will be payable at the following rates: 

(a) time and a half for each hour worked in excess of eight hours worked on a weekday; 

(b) time and half for each hour worked on a Saturday; 

(c) double time for each hour worked on a Sunday or public holiday. 

(1) These provisions do not apply to workers who will be paid abnormal allowance in lieu of overtime (see GAO 8.1.14). 

(2) Overtime should not be worked unless it is essential and this should be so certified on Form P10 in Appendix 8B covering the timesheet by the Supervising Officer. 

(3) Wherever possible time off should be given in lieu of overtime. 

(4) Overtime must in any case be within the budgetary provision for the project and the allocation to the relevant expenditure head. 

8.1.6 Occupational Groups and Job Classifications 

(1) Labourers are classified in Group 4 unless they have passed some form of trade test to indicate that they have acquired a trade skill. 

(2) Semi-skilled and skilled artisans and tradesmen such as mechanics, plumbers, painters and fitters etc. will be paid in Groups 2 and 3. No worker should pass from Group 3 to Group 2 without a certificate from the Head of Division endorsed by the Secretary to the Ministry that the employee's service has been satisfactory in every way and that the employee has acquired the necessary knowledge and experience to be regarded as a skilled artisan. 

(3) Group 1 is reserved for supervisors and no one is to be appointed to such a group without the express approval of the Secretary to the Ministry concerned. 

8.1.7 Increments 

(1) Increments will be paid annually subject to the employee having completed a satisfactory year's work. On first appointment incremental credit within the appropriate Group will be given on the basis of one increment for each year of relevant experience after possession of the minimum qualifications required. 

(2) Incremental dates on appointment, re-appointment or promotion will be determined as follows: 

(a) the first day of the month in which an employee assumes duty between the 1st and 15th day of the month; 

(b) the first day of the month following that in which an employee assumes duty between the 16th and the last day. 

8.1.8 Leave 

(1) A casual or classified worker will be entitled to leave after having completed twelve month's employment with Government without a break. 

(2) Current leave rates are attached as Appendix 8C to this Chapter. 

(3) For the purposes of leave calculations, Saturdays, Sundays and Public Holidays shall not count against leave entitlement. 

(4) Classified workers employed on their home islands will be required to take leave annually. Those employed elsewhere than their home island will be allowed to accumulate leave up to a maximum of the monthly rate multiplied by 24. In the event of resignation, discharge or death, earned leave may be commuted for cash. 

(5) For the purpose of (2) above casual or classified worker's home island is that officer's island of domicile. 

8.1.9 Passages and Travelling Time 

(1) Subject to GAO 8.1.8(4) a free return passage to their home islands will be granted to all employees, their spouses and children (up to a maximum of 4 adult fares) after every two years. The entitlement is to deck class travel. Employees in Group 1 of the Occupational Groups in GAO 8.1.3 are entitled to second class travel. 

(2) Travelling time shall be granted in accordance with the provisions of GAO 9.1.22 and GAO 9.1.23 in respect of permanent officers, Classified workers should be warned before going on leave that any period of absence in excess of earned leave and travelling time would normally constitute a break in service, would not be paid for and would not count towards any benefits for which they may subsequently become eligible. Exceptional cases will continue to be treated on their merits. 

(3) Subject to GAO 9.1.26 the provisions of (1) and (2) above will apply to all classified workers, although Ministries and Divisions should make every effort to ensure that all employees in Groups 4 and 3 are engaged on their home islands, in so far as this is possible, to minimize passage costs and accommodation problems elsewhere. 

8.1.10 Accident Pay and Benefits 

When a classified worker is prevented from working owing to injury caused by an accident arising from and in the course of employment, that employee would normally be entitled to periodical payment under the Workmen's Compensation Act. However as those payments do not become payable until an employee has been away from work for more than three days, sick leave on full pay will be granted in respect of these three days. 

8.1.11 Public Holidays 

Classified workers will be eligible for public holidays on full pay provided they work the preceding and following working days. This provision does not apply to shift workers (see GAO 8.1.14). 

8.1.12 Tool Allowances 

Classified workers required to purchase and maintain full sets of tools will receive the following allowances:

	Daily Allowances	
Mechanics	$1.00	
Carpenters/Joiners	$1.00	
Electricians	$1.00	

Tool allowances will be payable only for days actually worked. 

8.1.13 Dirt Allowance3 

(1) An allowance of $30.00 per job irrespective of the time involved for an officer engaged on dirt work involving the removal and disposal of faecal matter. 

(2) A rate of $20 per person per job regardless of the time involved for an officer who is exposed directly to waste gray water trapped in the sink trap junction. 

(3) An allowance of $5.00 per day will be paid to an officer whose duties entail cleaning toilets in any government vessel or building including the Governor-General, Prime Minister and Minister's residence. 

8.1.14 Abnormal Allowance 

(1) Classified workers required to work shifts of eight hours which cover weekends and public holidays and evenings and mornings outside normal hours will be paid abnormal allowance. 

(2) Abnormal allowance will be paid at a rate of 15% of the appropriate hourly rate of pay rounded up to the nearest cent at the end of each fortnightly pay period. Thus a shift worker paid at $1.60 an hour who works 80 hours per fortnight would be paid as follows:

Pay $1.60 x 80 	$128.00 	
Abnormal allowance at 15% 	$19.20 	
	 $147.20 	

8.1.15 Subsistence Allowance 

(1) Classified workers travelling on duty within Tuvalu maybe paid a subsistence allowance at a rate prescribed by the Secretary to Government. 

(2) Subsistence allowance will not be paid to workers in Group 4 and above save in exceptional circumstances where it is not possible to engage employees at the site. 

(3) Subsistence allowance will not be paid for broken periods of 24 hours which do not include a full night's absence from headquarters. 

8.1.16 Disturbance Allowance 

(1) A classified worker who is required to work away from the normal place of work will be regarded as on temporary transfer and will be eligible for disturbance allowance at the following rates: 

(i) $45 if single; 

(ii) $100 if married. 

8.1.17 Service Record Cards 

It is essential that Ministries and Divisions employing classified workers maintain records of employment so that claims for leave can be confirmed or otherwise. If a classified worker is transferred from one Ministry to another the receiving Ministry should ensure that the record card or equivalent is passed on to it. An employee's record card suitable for classified workers is at Appendix 8A. 

8.1.18 Discipline 

(1) The responsibility for disciplinary action in respect of classified workers ultimately rests with Secretaries to Ministries. Attempts should always be made to improve productivity and classified workers should be advised that those whose work is unsatisfactory will be discharged subject to the appropriate notice being given or payment in lieu. 

(2) Any classified worker found guilty of misconduct may be summarily dismissed without notice or payment in lieu. 

(3) Absenteeism without a medical certificate or a valid excuse is a disciplinary offence. 

(4) The following punishments may be awarded to classified workers: 

(a) reprimanded (in writing); 

(b) deferment of increment; 

(c) stoppage of increment; 

(d) downgrade to a lower group; 

(e) discharge; 

(f) dismissal. 

(5) A classified worker is entitled to full details of any matter the subject of disciplinary proceedings, and shall be given reasonable time to prepare a case in response. Where a punishment is inflicted by the Head of Division who has been delegated such powers, the classified worker shall have the right of appeal to the Secretary but no further. Where a punishment is inflicted by a Secretary a classified worker shall have the right of appeal to the Secretary to Government but no further. 

8.1.19 General Enquiries 

This chapter contains the conditions of service of all Government classified workers in Tuvalu. Any queries on conditions of service should be addressed to the Secretary to Government with copies to the Secretary for Finance, and the Auditor General. 

8.1.20 Hours of Work 

(1) The normal working week will comprise 40 hours and may be any period of 8 hours between the hours of 7.30 am and 4.30 pm daily. 

(2) The present hours for classified workers are from 0730 hrs to 1230 hrs and from 1330 hrs to 1630 hrs, Mondays to Fridays. Provided that the working hours for a night watchman shall be 6pm to 6am daily. 

8.1.21 Authority to Appoint Casual or Classified Workers 

The appointment of casual or classified workers is the responsibility of the responsible Secretary. 

8.1.22 Age Restriction 

No person who has attained the age of 55 years may be offered employment as a classified worker. Similarly, no classified worker who has attained the age of 55 years will be allowed to continue to be employed by government. 

_______________

APPENDIX: 8A

SERVICE RECORD CARD

NAME:.......................PF No.:............................. ADDRESS:

DATE OF BIRTH: ...........................HOME ISLAND: 

SEX:.................................... 

MARTIAL STATUS:...........................NAME OF SPOUSE: 

EDUCATIONALQUALIFICATIONS:

Date of Entry into Service (established/unestablished): 
FIRST APPOINTMENT.................................Incremental Date: 

SALARY HISTORY 

Year 	Positio n held 	Classified Office 	Position Classification & Number 	Salary	 Appointment Date 	Appointment ceased 	Increment Awarded 	Remarks 	

									

									

									

_______________

APPENDIX 8B

TUVALU GOVERNMENT

FORM P10 OVERTIME CLAIM FORM (GAO 8.1.5 & 10.4.1)

Ministry/Division:..................................................Officer:

Date 	Nature of Work 	Hours 	Rate 	Dollar $ 	Cent 	

						

						

						

						
						
			Total 			

Authorised by: ___________________________________

Head of Department 

_______________________

APPENDIX: 8C CASUAL AND CLASSIFIED LEAVE RATES

(GAO 8.1.8)

Rate of Pay 	Days leave per month 	
$1.55 to $2.00 cents per hour 	1.5 	
$2.06 to $2.69 cents per hour 	2 	
$2.81 cents and above 	2.5 	

____________________

CHAPTER 9 - LEAVE

9.1 ANNUAL LEAVE

9.1.1 Entitlement to Leave 

Subject to the exigencies of the service, all officers employed on permanent or temporary terms and those employed on contract terms shall be granted leave by their Secretaries or Heads of Divisions in accordance with their entitlement as specified in this Chapter if contract officers enjoy a more favourable leave rate within the terms of their contracts, they shall retain that entitlement. 

9.1.2 Annual Leave Rates - Full Time Officers 

An officer in full time employment is entitled to annual leave according to the salary level and rates set out in the following table:

Salary Level 	 Working Days 	
L10 (bar 1) – L9 (bar 8) 	18 	
L 9 (bar 9) - L7 (bar 4) 	22 	
L 7 (bar 5) - L5 (bar 8) 	26 	
L 4 (bar 3) and above 	30 	

9.1.3 Annual Leave Rates - Contract Officers

Contract officers are entitled to annual leave in accordance with the terms of their contract. Should a contract be silent on the issue of annual leave, a contract officer will be entitled to 20 working days leave per year. 

9.1.4 Annual Leave Rates - Temporary Officers 

Temporary officers shall be entitled to annual leave rates equivalent to the post that the officer holds. 

9.1.5 Part Time Employment 

An officer in part time employment is not entitled to annual leave. 

9.1.6 Calculation of Working Days 

For the purpose of this Chapter Saturdays, Sundays and Public Holidays shall not count as working days. 

9.1.7 Change in Leave Rates 

When, during the course of a leave year, an officer becomes entitled to a higher leave rate the officer's entitlement in that year will be apportioned between the two leave rates according to the service completed in each leave bracket. In the case of an incomplete month, if the officer moved to the higher bracket before the 16th of the month the leave for that month shall be calculated at the higher rate, and if after the 16th of the month it shall be calculated at the lower rate. 

9.1.8 Applications for Leave 

(1) Applications for annual leave must be received by an officer's Secretary or Head of Division at least two weeks before such officer's leave date. 

(2) In the case of Secretaries, their applications for leave will be submitted to the Secretary to Government for approval at least two weeks prior to such officer's leave date. 

(3) In the case of Heads of Division, their applications for leave will be submitted to the Secretaries of their Ministries for approval at least two weeks prior to such officers' leave dates. 

9.1.9 Leave Year 

(1) The 1eave year is from the 1st January to the 31st December and annual leave may be taken at any time during the leave year, subject to the approval of the officer's Secretary or Head of Division as the case may be. 

(2) No officer will be allowed any leave in advance of that officer's leave year. 

9.1.10 Incomplete Leave Year 

Officers who wi11 not complete a full 1eave year may be granted one twelfth of their leave entitlement for a full leave year for each completed month of service during that year. The value of any excess leave taken during an incomplete leave year will be recovered from an officer. 

9.1.11 Accumulation of Leave 

(1) In special circumstances a Secretary may approve the accumulation of annual leave for a maximum of two years. The Secretary to Government must be informed whenever an officer is given authority to accumulate leave. 

(2) Circumstances in which permission to accumulate leave may be granted are: 

(a) in the public interest; 

(b) on compassionate grounds. 

(3) The Secretary to Government may approve the accumulation of an officer's leave beyond the maximum limit specified in (1) above only if it is in the public interest to do so. 

9.1.12 Broken Leave Periods 

Annual leave may be taken in more than one period or in single days subject to the approval of the officer's Head of Division, or Secretary. 

9.1.13 Leave Records 

(1) When an officer applies for leave, Secretaries will submit copies of leave Form P13 at Appendix 9B to the Secretary to Government, Secretary for Finance, and the Auditor-General will retain one copy. 

(2) The Secretary to Government shall maintain a complete record of annual and sick leave on the personal files of officers based on the returns from Secretaries. 

(3) Returns should cover both annual and sick leave and Secretaries are responsible for ensuring that the Secretary to Government, Secretary for Finance, and Auditor-General are informed of any variation in the approved leave arrangements including late returns from leave. 

9.1.14 Leave Rosters 

(1) Secretaries are responsible for ensuring that leave rosters are prepared in respect of all officers in their Ministries. 

(2) Copies of all leave rosters should be sent to the Secretary to Government not later than 15th December each year and should be widely circulated within the Ministry or Division concerned. 

9.1.15 Extension of Leave 

The Secretary to Government may at an officer's request extend leave on full pay or without pay if it is in the public interest to do so. Such paid leave may be taken within the current leave entitlement of the officer or held against any future entitlement. 

9.1.16 Leave Without Pay 

(1) On the recommendation of a Secretary, the Secretary to Government may grant leave without pay to officers who have exhausted their annual leave entitlement. Leave without pay will only be approved where there are compassionate or other special reasons and should not exceed a period of six weeks. 

(2) Any period granted as leave without pay will not be taken into account as part of an officer's service when assessing such officer's incremental date and contribution to the Tuvalu National Provident Fund. 

9.1.17 Training Courses 

The first three months of any period spent by an officer on an approved training course will be regarded as duty and will qualify for leave-in the normal way. Thereafter, only half the period of the training course will qualify for leave. Officers sent on training courses will retain their outstanding entitlement to annual leave except that an officer who is absent on an extended training course may not accumulate more than one year's annual leave entitlement. 

9.1.18 Sickness During Leave 

On the recommendation of a medical officer or a medical assistant in the case of an outer island a Secretary may grant an officer who falls sick during annual leave an extension of leave to cover the period of such sickness. The extension will be regarded as sick leave. 

9.1.19 Earned Leave Due on Death 

When an officer dies, the monetary value of any earned leave may be paid to that officer's spouse or, if the officer has no spouse, to that officer's estate. 

9.1.20 Commutation for Cash 

Subject to GAO 9.1.10, leave may be commuted for cash with the approval of the Secretary to Government. Contracts of employment may make provision for such commutation. 

9.1.21 Forfeiture of Leave 

An officer who is dismissed or who leaves the service without giving due notice will forfeit any annual leave not taken. 

9.1.22 Advance of Leave Salary 

An officer may be paid leave salary in advance in accordance with GAOs 7.1.12 & 7.1.13. 

9.1.23 Travelling Time to Home Island 

A Secretary or Head of Division may grant officers who travel to their home islands for their annual leave sufficient travelling time for the journey by the most direct route. Such travelling time shall be additional to their general leave entitlement. 

9.1.24 Travelling Time to Other Destinations 

Officers who travels to a destination other than their home island may be granted travelling time as follows: 

(1) sufficient time for the journey to their destination by the most direct route; or 

(2) the travelling time necessary for such officer's to visit their home island by the most direct route; 

whichever is lesser. 

9.1.25 Reporting Arrival on Leave 

Officers granted travelling time shall report the date of their arrival at their destination to their Secretary or Head of Division by facsimile. 

9.1.26 Overstayed Leave 

(1) Officers who are prevented from returning to duty at their usual post on the due day after leave must report the circumstances to their Secretary or Head of Division. Overstayed leave will be treated as leave without pay unless and until an officer provides an acceptable explanation. 

(2) If an acceptable explanation is provided, the overstayed leave will be deducted from the officer's future leave entitlement unless the officer specifically requests that the overstayed leave be treated as leave without pay. 

(3) An officer who overstays leave without an acceptable explanation is liable to disciplinary action. 

9.1.27 Leave Passage: Officers' Families4 

(1) An officer's free passage entitlement for their spouse either working or not and family for leave purposes arises only within one month of that officer travelling to or from leave unless the Secretary to Government approves special circumstances. 

(2) An officer who opted to take his/her leave entitlement in any place other than his/her home island shall be entitled to the free leave passage under paragraph (1) of this Order, calculated to the cost of a sea passage from Funafuti to the officer's home island. 

(3) The entitlement shall neither be reimbursable where the actual expense is less than the passage entitlement nor paid in cash to the officer. 

(4) The entitlement shall lapse if the officer fails to take his/her leave for that leave year. 

9.2 SICK LEAVE

9.2.1 General 

(1) Subject to (2) below and to GAO 9.2.4 and 9.2.5, periods during which an officer is absent from duty because of illness will be regarded as sick leave. 

(2) Officers absent through illness arising from their own negligence or misconduct will not be granted sick leave, and unless the Secretary to Government directs otherwise, after taking the advice of the Director of Health, shall not be paid for the period concerned. 

9.2.2 Reporting Sickness 

Officers absent from work because of illness shall immediately report the fact to their supervising officer who shall inform the relevant Head of Division. Heads of Division shall report their absence through illness to Secretaries and Secretaries shall report their absence through illness to the Secretary to Government. 

9.2.3 Medical Certificate 

(1) Officers absent through illness should wherever possible report to a Government Medical Officer, or a Medical Assistant in the case of an outer island, within 24 hours of absenting themselves from work, with a view to obtaining a certificate to the effect that their absence is justified through ill health. 

(2) Medical Officers, or Medical Assistants in the case of outer islands, will send certificates in respect of absence through ill health to the Head of the officer's Division or Secretary as the case may be with a copy to the Secretary to Government. 

9.2.4 General Entitlement to Sick Leave and Compensation in Lieu 

Permanent officers shall be entitled to 10 working days sick leave in any 12 month period. Any portion of this entitlement that is not taken as sick leave, shall be commuted to cash at the end of November each year, counting from December the previous year. 

9.2.5 Entitlement in Cases of Extended Illness 

In cases of serious illness extending beyond the 10 days allowed in GAO 9.2.4 above, the Secretary to Government may grant a permanent officer additional sick leave as follows: 

(1) an officer may be granted a further 10 working days sick leave as in GAO 9.2.4; 

(2) the officer will then be required to use up any annual leave standing to that officer's credit. 

9.2.6 Medical Board 

If, after the grant of the sick leave referred to in GAO 9.2.5 above the officer is still not fit to resume duty, the Secretary to Government will request the Secretary for Health to convene a Medical Board, which shall advise the Secretary for Health and the Secretary to the officer's Ministry as to whether the officer is likely to be able to resume duty within a reasonable time. Their report shall be forwarded to the Secretary to Government who may, having regard to the recommendations in the report and, subject to any decision to retire the officer on medical grounds, grant extended sick leave as provided in GAO 9.2.7 below. 

9.2.7 Further Extended Sick Leave as Recommended by Medical Board 

Subject to the recommendations of the medical board as to the likelihood of the officer recovering, further extended sick leave may be granted as follows: 

(1) Up to a maximum of 70 further working days on half pay, followed by 

(2) Up to a maximum of 70 further working days without pay which shall not be counted as a break in permanent service. 

A medical report shall be obtained for each extension of sick leave granted. 

9.2.8 Probationary Officers and Temporary Officers 

Probationary officers and temporary officers shall be entitled to the same sick leave entitlement as permanent officers. 

9.2.9 Recurrence of Sickness 

When an officer who has been granted the maximum period of paid sick leave falls sick within one year of the date of that officer's return to duty, the period of sickness shall be regarded as continuous with the period of sickness for which sick leave was last granted. 

9.2.10 Contract Officers 

Contract officers shall be entitled to sick leave in accordance with the terms of their contract. 

9.2.11 Classified Workers 

(1) Classified workers shall be entitled to a maximum of 10 days sick leave per annum.

(2) Absence from work due to illness or convalescence in any way due to the employee's own misconduct or negligence will be without pay. Secretaries must ensure that a sick leave register is maintained in respect of classified workers under their control.

9.2.12 Retirement in the Public Interest 

In the case of severe and chronic illness which severely limits or otherwise reduces the capacity of officers to efficiently perform their duties, consideration should be given to retiring such officers in the public interest. 

9.2.13 Injury on Duty 

(1) An officer who is absent from duty because of illness due to injury or disease sustained in the actual discharge of duties, without any default on the part of that officer, may be granted sick leave provided for under GAO 9.2.5 and 9.2.7, irrespective of the conditions of service. 

(2) In the case of a permanent officer diseased or injured on duty, the sick leave referred to in GAO 9.2.7, may with the approval of the Secretary to Government be on full pay. 

9.2.14 Record of Sick Leave 

Sick leave will be recorded in the form P12 prescribed at Appendix 9A to this Chapter. 

9.3 MISCELLANEOUS

9.3.1 Maternity Leave

All female officers, regardless of status, shall be granted maternity leave in accordance with the provisions of section 80 of the Employment Act (Cap 84). 

9.3.2 Calculation of Maternity Leave 

Notwithstanding the leave periods specified in the Employment Act (Cap 84) all female officers shall be entitled to a maximum of 60 working days maternity leave on full pay. Where a Medical Officer certifies that on medical grounds it is necessary to extend the period of leave the Secretary to Government may approve a further extension of leave without pay. 

9.3.3 Nursing Mothers 

Nursing Mothers shall be allowed half an hour twice a day to feed her baby in accordance with section 80 (3) of the Employment Act (Cap 84) 

9.3.4 Failure to Resume Duty 

A female officer who fails to return to duty within the period prescribed in GAO 9.3.2 will be deemed to have resigned, unless there are medical reasons submitted to the Secretary to Government before the expiry of the period prescribed justifying the grant of sick leave. Any period of absence beyond the period prescribed in GAO 9.3.2 will be unpaid. 

9.3.5 Study Leave 

The arrangements pertaining to leave during training are set out in GAO Chapter 11 and in particular GAO 11.2.6. 

9.3.6 Special Leave 

Special leave may be granted by the Secretary to Government on the ground of public policy or interest. Unless otherwise directed such leave will be with full pay. 

9.3.7 Urgent Private Affairs 

(1) A statement of the reasons or the application, which will be treated as confidential, must accompany applications for the grant for leave on the grounds of urgent private affairs. 

(2) An officer will be required to take any annual leave then remaining before that officer is eligible for special leave on grounds of urgent private affairs. 

(3) If the special leave which the officer has been granted is not sufficient for the purpose, the officer may be granted additional leave without pay. If the officer has no leave due, the officer may be granted leave without pay on the grounds of urgent private affairs. 

9.3.8 Leave to Take Examination 

An officer may be granted leave on full pay to take an examination for the shortest period required to enable him to reach the appointed place, take the examination and return to his post. 

9.3.9 Leave to be Planned 

Leave must as far as possible be so arranged that the employment of extra staff is unnecessary and the business of the Ministry can be carried on. Extra staff will only be employed where an officer takes long leave and the Secretary considers it essential to engage a substitute. 

9.3.10 Officers Responsible for Cash or Stores 

When an officer in proceeding on leave or transfer is responsible for cash, stores or furniture the procedures laid down in Financial Instructions and Stores Regulations will be followed. Except as provided therein, any officer leaving post without obtaining the necessary certificate from the officer's successor will be liable for any deficiency which may subsequently be discovered. 

9.3.11 Handing Over Notes 

A Secretary or Head of Division who is proceeding on long leave must leave a memorandum of instructions affecting the Ministry or Division for the guidance of the officer's successor, and a duplicate of this memorandum should be forwarded to the Secretary to Government. 

________________

APPENDIX 9A

FORM P12 RECORDS OF SICK LEAVE

(GAO 9.2.14)

Ministry/Division: 

Date 	Name of officer 	Days taken 	Remarks 	

				

				

				

				

VERIFIED BY: ..............................................................
Head of Division 

APPENDIX 9B

FORM P13 APPLICATION FOR ANNUAL LEAVE

(GAO 9.1.12)

Name of officer: 

Post & Department: 

Leave earning rate: ………………………………………….. 

Leave taken ANNUAL/BIANNUALLY: 

(Authority: ................../ Page .........../ File .....................)

Home Island: 

Leave B/F 	Annual entitle 	Leave eligibility 	Date Leave station 	Date of return to duty 	Travelling authorised 	Balance 	Leave overstayed 	Initial of authorising officer 	

									

Closed and Checked .....................................................................Examined: 

........................................ 
Head of Department..................................... .for Auditor General 

________________

CHAPTER 10 - ALLOWANCES

10.1 GENERAL

10.1.1 Claims for Allowances 

Claims for allowances shall be addressed to Secretaries through an officer's Head of Division who will certify in each case that the allowance is authorised and the cost properly incurred. 

10.1.2 Payment of Allowances 

(1) Salaries and allowances chargeable to a personal emoluments item of a vote will be paid directly by the Ministry of Finance under arrangements prescribed by the Secretary for Finance from time to time. 

(2) Salaries and allowances not chargeable to the personal emoluments item of a vote wil1 be paid under arrangements made by the Secretary for Finance from time to time. 

(3) The payment of leave salary in advance will be dealt with in accordance with Financial Instructions, but see GAOs 7.1.11 to 7.1.13. 

10.1.3 Imprests for Subsistence5

(1) Officers required to travel on duty in circumstances where they are eligible for subsistence allowance may be granted an imprest of an amount sufficient to cover any anticipated expenses. Applications of the grant of an imprest should be sent to the Secretary for Finance in accordance with the provisions of Financial Instructions. Officers in receipt of an imprest shall retire the imprest within 14 days of their return to their place of duty. The expenses not accepted as part of the imprest shall be recovered from the officer. 

(2) The following are chargeable items to the imprest: 

(a) laundry and dry cleaning not to exceed $30. In cases where the officer's laundry exceeds $30, he has to submit receipts to substantiate his claim; 

(b) clothing: suit to be purchased - $300/year. If officer decides not to purchase a suit, the following items are chargeable to the $300/year: 

(i) neck tie 

(ii) formal shirts or working shirts and trousers 

(iii) formal shoes and socks 

(iv) warm clothes 

(v) belt; 

(c) departure tax; 

(d) loss of foreign exchange and commission; 

(e) taxi, train and bus fares from the airport direct to the hotel at the venue of the conference; 

(f) long distance and local official calls. The officer is required to submit receipts to substantiate his claim. The use of phone card is not accepted. 

10.2 ACTING ALLOWANCE

10.2.1 Acting Allowances Payable 

An acting allowance will be payable from the date of commencement of an officer's acting appointment to the date immediately preceding the date of its termination (both days inclusive) subject to the provisions of GAOs 10.2.2 and 10.2.3. 

10.2.2 Acting Allowance When on Leave 

An officer drawing acting allowance may continue to draw it whilst on vacation leave, provided it has not been necessary to appoint another officer to perform the duties of the post in which that officer is acting. Such leave must not exceed 5 working days at any time or 20 working days in any leave year. 

10.2.3 Acting Allowance When Officer Incapacitated 

An officer who, whilst drawing acting allowance, is incapacitated by illness may receive the appropriate acting allowance from the commencement of such incapacity, unless it has been necessary to appoint another officer to perform the duties of the temporary vacant post. In such cases the officer so appointed will draw it from the date of appointment, and the first officer will cease to draw it from the same date. 

10.2.4 Rate of Acting Allowance 

The rate of allowance payable to an officer on receipt of an acting allowance will normally be the difference between the officer's substantive salary and the minimum salary of the post in which the officer is appointed to act. Where an officer is appointed to act in a higher post, the minimum salary point of which is below that officer's substantive salary, the rate of allowance will be the difference between the officer's substantive salary and the point in the scale of the higher post immediately above that salary. 

10.2.5 Reduced Allowance 

A reduced rate of acting allowance will be paid when an officer does not perform the full duties of the post to which that officer is appointed to act. The reduced rate of allowance will be determined by the Secretary to Government. 

10.3 RESPONSIBILITY ALLOWANCE

10.3.1 When Allowance Paid 

When an officer below level 6 is required to undertake duties in addition to or substantially more onerous than the duties of that officer's substantive office, either because of the absence of another officer, or because of a temporary change in the Organisation of the Ministry or Division, that officer may be paid a responsibility allowance. 

10.3.2 Applications for Approval 

Applications for the payment of responsibility allowance will be made by the Secretary of a Ministry to the Secretary to Government who will decide what, if any, allowance will be paid according to the circumstances of the case. 

10.3.3 Rates of Allowance 

The rates for responsibility allowance shall be prescribed from time to time. 

10.3.4 Not to be Confused with Acting Allowance 

A responsibility allowance will not be approved in circumstances where an acting allowance is appropriate. 

10.4 OVERTIME, SHIFT AND ABNORMAL HOURS ALLOWANCE

10.4.1 Payment 

The whole time of officers, save where their terms of employment specify otherwise, is at the disposal of the service. However, officers may be paid overtime for periods worked in excess of thirty five hours (35 hrs) per week, excluding lunch breaks, subject to the following conditions: 

(1) Equivalent time off shall be granted in lieu of overtime wherever practicable, which should be taken within one month, or otherwise be forfeited. The payment of overtime must be kept to a minimum; 

(2) Officers who are in receipt of abnormal hours shall not normally receive overtime; 

(3) Permission to work overtime must be given in advance by Secretaries or Heads of Division; and 

(4) Secretaries or Heads of Division must seek prior approval from the Secretary for Finance, in the event of the cumulative cost exceeding the quota for the period of annual budget. 

10.4.2 Calculation of Overtime 

(1) Overtime worked by fortnightly paid staff will be calculated by dividing the annual salary by 26 to give the fortnightly rate, and by dividing the fortnightly rate by the number of working hours per week to give the hourly rate. 

(2) The hourly rate will be multiplied by 1 1/2 to give the rate for overtime worked on week days and Saturdays and by 2 to give the rate of overtime worked on Sundays and Public Holidays. 

(3) Where an officer is required to perform a whole day's service additional to the officer's normal duties and is not paid overtime then the officer will be granted a day off in lieu irrespective of whether the day worked was a normal working day or public holiday. 

10.4.3 Shift Allowance 

Officers who, because of the nature of their duties may be required to work for periods outside normal office hours and in excess of the number of hours normally prescribed by Government on an organised shift basis may, with the approval of the Secretary to Government be paid a shift allowance at the rate of 15% of salary in respect of any full day (or part thereof) worked in excess of normal hours. This allowance may only be payable to Police officers, Nurses and Meteorological staff on Funafuti. Officers who work on a shift that falls wholly within normal office hours are not eligible for shift allowance. 

10.4.4 Abnormal Hours Allowance 

Officers who, because of the nature of their duties may be required to work for periods outside normal office hours and in excess of the number of hours normally prescribed by Government may, with the approval of the Secretary to Government, be paid an abnormal hours allowance at the rate of 15% of the daily rate of salary for each full day (or part thereof) worked in excess of normal hours. This allowance may only be payable to Police Officers, Nurses and Meteorological staff on the outer islands. 

10.4.5 Restrictions on Overtime or Abnormal Allowance 

(1) Officers in the following categories may not be paid overtime, shift or abnormal allowance: 

(a) Members of the Marine Division when at sea; 

(b) Officers in receipt of salaries of more than $8,000;6 

(c) Officers travelling on duty away from their station; 

(d) Secretaries, Senior Assistant and Assistant Secretaries and Heads of Division; 

10.5 ENTERTAINMENT AND HOSPITALITY ALLOWANCE

10.5.1 Entertainment Allowance 

Entertainment for official visitors, or other distinguished persons on special occasions may not be provided from public funds without the prior approval of the Secretary to Government. Officers seeking such approval should do so in writing at least 24 hours before the time of the occasion for which the allowance is sought and provide full details of the purpose of the entertainment, the type of entertainments to be provided and the number of guests to be invited. Where approval has been given, the following allowances may be claimed in respect of each guest: 

(1) Reception or other entertainment not involving a set meal A$10.00 

(2) Lunch A$20.00 

(3) Dinner A$20.00 Officers shall provide appropriate receipts with respect to each claim. 

10.5.2 Hospitality Allowance 

An officer who is requested by Government to accommodate and/or provide casual meals to a visitor other than another Government officer may be paid hospitality allowance at the following rates:

(1) 	Accommodation 	A$10.00 	
(2) 	Breakfast 	A$10.00 	
(3) 	Lunch	 A$10.00 	
(4) 	Dinner 	A$15.00 	

10.5.3 Government Officers

(1) An officer who accommodates another officer who is eligible to draw subsistence allowance may be paid hospitality allowance applicable to the officer accommodated. 

(2) An officer accommodated by another officer shall not claim subsistence allowance. 

10.5.4 Claims for Allowance 

Claims for hospitality allowance should be submitted by the host officer to the Secretary of that officer's Ministry with a copy to the Secretary to Government. 

10.6 SUBSISTENCE ALLOWANCE

10.6.1 General 

The payment of subsistence allowance is intended to ensure that an officer who is required to travel on duty shall not be out of pocket as a result, but that no officer shall derive any pecuniary benefit from travelling on duty. Subsistence allowances are therefore calculated to meet only the additional expenditure which an officer when travelling on duty away from a permanent station is obliged to incur, over and above the expenses which would normally be incurred at home. 

10.6.2 Submission of Claims 

Claims for subsistence allowance must be submitted by an officer to the Secretary of that officer's Ministry for certification. Secretaries must satisfy themselves personally that the claims are in order and reasonable and that the claimant was actually travelling on duty during the period covered by the claim. 

10.6.3 When Payable 

Subsistence allowance is payable in respect of each period of 24 hours necessarily spent on duty away from an officer's station. 

10.6.4 Allowance Not Payable in Transit 

No allowance is payable in respect of periods spent in transit where meals and accommodation are provided at the expense of the Carrier. 

10.6.5 Subsistence Within Tuvalu 

(1) An officer travelling on duty within Tuvalu may be paid subsistence allowance at rates prescribed by the Secretary to Government from time to time. The maximum duration of absence on duty shall be thirty days beyond which the payment of this allowance will be subject to review by the Secretary responsible. 

(2) In addition to the payment of subsistence allowance, an officer shall be entitled to receive the costs of accommodation, meals and laundry while on the outer islands or a refund of those costs as in GAO 10.6.9. 

10.6.6 Subsistence Overseas 

An officer who is required to travel on duty outside Tuvalu may be paid subsistence allowance at rates prescribed by the Secretary to Government from time to time. 

10.6.7 Adjustment of Allowance 

(1) Subsistence allowance will be abated by any amount paid as subsistence allowance by any other organisation 

(2) Where the allowance paid by any other organisation is less than the entitlement, the officer may claim the difference. 

10.6.8 Supplementary Allowance 

An officer attending an international conference or a similar function as a delegate or representative of Tuvalu and who is likely to incur additional expenses as a result, may be paid an allowance in addition to the subsistence allowance payable under GAOs 10.6.6 or 10.6.9. When a Secretary considers that such circumstances apply the Secretary shall obtain the prior approval of the Secretary to Government to paying an allowance. The rate will be determined by the Secretary to Government but shall in no circumstances exceed 50% of the standard rate of subsistence allowance for the country concerned. 

10.6.9 Allowance Inadequate 

(1) An officer who necessarily incurs expenses substantially higher than the standard rate of subsistence allowance prescribed, may, with the approval of the Secretary to Government, be refunded the actual expenditure for meals, accommodation and approved incidental expenses on the production of receipted bills wherever possible. 

(2) Incidental expenses which may be approved under this GAO are: 

(a) Laundry; 

(b) Necessary travel expenses actually incurred; 

(c) Long distance official telephone calls, and private calls not exceeding twenty dollars; and 

(d) while accommodated in an hotel, tips not exceeding $2 a day. 

(3) Claims under this GAO will only be considered where the costs incurred by the officer are reasonable. An officer who stays in an expensive hotel or takes meals at expensive restaurants will only be refunded the standard rate of subsistence allowance. 

10.6.10 Married Rates7 

(1) Officers travelling on duty and accompanied by their spouse if required as part of the officer's travel may be eligible to receive a subsistence allowance in respect of their spouse, at 75% of an approved country subsistence rate. This applies when the spouse is not receiving any subsistence allowance from a donor. 

(2) The eligibility of officers to receive a subsistence allowance in respect of their spouse shall be determined by the Secretary to Government. 

10.7 MISCELLANEOUS ALLOWANCES

10.7.1 Disturbance Allowance 

(1) Disturbance allowance may be paid when an officer is transferred from one station to another for a period of not less than one month and vacates quarters at the former station. 

(2) Disturbance allowance is payable at the following rates: 

(i) $45 if single 

(ii) $100 if married 

10.7.2 Baggage Allowance on First Appointment (sea-freight) 

Officers taking up a post on first appointment will be eligible to take with them, at Government expense, up to 200 cu. ft of personal effects. To qualify for this allowance the transport of the baggage must be effected within one month of the officer taking up the appointment, or not later than the first available shipping opportunity from that officer's island after appointment whichever is the later. The allowance will be reduced by 50% in the case of a single officer who has no dependent children. 

10.7.3 Baggage Allowance on Retirement (seafreight) 

Officers proceeding on retirement or on leave pending retirement at Government expense will be eligible to take with them, at Government expense, up to 400 cu.ft. of personal effects. To qualify for this allowance, transport of baggage must be effected within one month of the officer's last day of duty, or not later than the first available shipping opportunity to that officer's island for leave purposes after the officer's last day of duty. The allowance will be reduced by 50% in the case of a single officer who has no accompanying dependent children. 

10.7.4 Baggage Allowance on Transfer 

Officers proceeding on transfer within Tuvalu will be eligible to take with them, at Government expense, up to 300 cu.ft. of effects. The al1owance wil1 be reduced by 50% in the case of a single officer who has no accompanying dependent children. 

10.7.5 Baggage Allowance on Overseas Posting 

Officers posted to an established post overseas will be eligible to take with them, at Government expense, up to 100 cu.ft. of personal effects. The allowance will be reduced by 50% in the case of a single officer who has no accompanying dependent children. Officers are entitled on first appointment to 100 kg of accompanied or unaccompanied baggage by air to their place of duty. 

10.7.6 Definition of Effects 

There is no limitation on the type of effects which may qualify for the allowance under GAOs 10. 7. 2 and 10. 7. 5, except that if a special rate is charged for any item the amount payable by Government will not exceed the amount which Government will pay for the full allowance at the personal effects rate. 

10.7.7 Uniform Allowance 

Officers occupying the following posts will be paid uniform allowance annually in accordance with the following table:

Commissioner of Police 	$166.00 	
Superintendent of Police	 $138.00 	
Police Inspector 	 $138.00 	
Marine Superintendent 	$138.00 	
Marine Officers 	 $115.00 	
Customs Officer 	 $115.00 	
Nursing Staff 	 $115.00 	
Customs Assistants 	 $97.00 	
Immigration Officers 	$97.00 	

10.7.8 Method and Conditions of Payment

The allowance in GAO 10.7.7 will be paid annually in advance at the beginning of each calendar year, but will not be paid when they fall due during an officer's leave pending retirement or termination of service. An officer who leaves the service within twelve months of the grant of the allowance will be required to refund such proportion of the allowance as the Secretary to Government may direct. 

10.7.9 Police Plain Clothes Allowance 

Members of the Police Force who are normally employed in a non-uniformed capacity will be paid an allowance of $10 a month. 

10.7.10 Fire Brigade Allowance 

Members of the Police Force who are on standby for fire duty wiI1 be paid an allowance at the rates shown below: 

(1) Sergeant & Corporal $25.00 a month 

(2) Constables $20.00 a month 

10.7.11 Diving & Wet Allowance 

(1) An officer who is required to do or whose duties include underwater diving may be paid an allowance of $20.00 for each day during any part of which the officer is actually engaged on those duties. 

(2) A person employed on a casual basis as a diver may be paid at such rates as may be agreed with the Secretary to Government having regard to the nature of the diving exercise on which such person was engaged. 

(3) An officer who is required to continuously work in wet conditions may be paid a wet allowance of $10 fortnight. Where an officer is required to work in wet conditions, an allowance of $1.00 per day is payable. 

10.7.12 Special Clothing Allowance 

(1) Officers who, because of the nature of their jobs, are required to appear regularly in formal or other appropriate attire may be eligible for a special clothing allowance. The rate would generally be equivalent to the value of a moderately prized suit and a pair of shoes, per annum. To be eligible, an officer would have to submit receipts of purchase to the Secretary to Government who shall determine whether or not a partial or total reimbursement of the costs to the officer is appropriate. 

(2) This allowance is normally allowed to senior officers who regularly accompany Ministers to or represent Tuvalu at high-level international conferences and meetings; are stationed at an overseas diplomatic mission, or employed in foreign affairs protocol services. 

10.7.13 Class of Accommodation and Baggage Allowance 

Details of the class of accommodation permitted to officers will be found at Appendices 14A and 14B to Chapter 14 Transport. 

10.7.14 Board of Directors and Board or Commission of Inquiry8

(1) An officer who has been appointed to a Board of Directors of any Public Corporation shall, for the duration of the period of appointment, be entitled to receive all allowances payable to him or her in accordance with law. 

(2) An officer who has been appointed as a member of a Board of Inquiry or Commissioner in a Commission of Inquiry shall, for the duration of the period of appointment, be entitled to receive all allowances payable to him or her in accordance with law. 

CHAPTER 11 - TRAINING

11.1 GENERAL

11.1.1 Training Objectives 

The objectives of training within the service are to: 

(1) remedy any deficiencies in the ability of officers to perform the duties of their posts at the required standard of efficiency, either on first appointment, or during probation, or to prepare them for higher responsibilities during the course of their careers; 

(2) prepare officers for new responsibilities and duties arising from re-organisation or the development of new techniques within a Ministry; 

(3) provide for localization of the public service as rapidly as may be consistent with the maintenance of adequate standards of efficiency. 

11.1.2 Manpower Planning and Scholarship Committee 

The Manpower Planning and Scholarship Committee established under the provisions of Section 6(l) of the Public Service Act is the principal advisory body to Government on the formulation of training policy and the selection of suitable candidates for further training. 

11.1.3 Joint Consultative Council 

The general nature and extent of facilities, for training, shall be within the scope of discussions between the official and staff sides of the Joint Consultative Council, as provided for in Chapter 12. 

11.1.4 Responsibility for Training 

It is the responsibility of Secretaries to assess and regularly review, the training needs of the staff of their Ministries in accordance with the objectives defined in GAO 11.1.1, and in consultation with the Secretary to Government and the Manpower Planning and Scholarship Committee. 

11.1.5 Responsibility of Secretary to Government 

The Secretary to Government shall: 

(1) collate and appraise training requirements; 

(2) incorporate training programmes into schemes of service within the lines of policy; 

(3) arrange placement of officers on courses, and where formal courses may not be available, organise, or assist Secretaries with the organisation of courses prescribed in schemes of service; and 

(4) have overal1 responsibi1ity for the co-ordination of training. 

11.1.6 Types of Training Course 

Training may take any of the following forms: 

(1) 'Induction Courses' - designed to provide new entrants to the service with background knowledge of the service, the Ministry, and of specialist aspects of duties with which that officer may not be familiar; 

(2) 'Day Release Courses' where an officer is allowed to take the whole or part of the day or days away from normal duties each week; 

(3) 'Block Release Courses' - such as a refresher course where an officer is released to attend a course covering a period of several weeks; 

(4) 'Sandwich Courses' - where study is interspersed with extended periods of practical training. Such a course may be taken prior to joining the service or during probation as a condition of confirmation; 

(5) 'Overseas Courses' - either on a scholarship award, in response to an offer of external assistance or on a basis organised by the service and taken outside Tuvalu; 

(6) 'Correspondence Courses' where the student receives all tuition by post; 

(7) 'Evening Courses' arranged outside normal working hours either within the service or by an educational institution. 

11.2 TRAINING

11.2.1 Validity of this Section 

When an officer attends an approved course of training overseas the provisions of this section will apply and will take precedence over Chapter 7, 9, and 10 dealing with Leave, Salary and Allowances. 

11.2.2 Approval for Training Courses 

An officer may not attend a course of training overseas without the prior approval of the Secretary to Government. 

11.2.3 Salary on Training 

An officer attending an approved course of training overseas will receive after the first 12 months on full pay, 50% of normal pay for the remaining period of the course including any incremental credits that the officer may earn during the course. 

11.2.4 Employment When on Training 

An officer who, during a course of training, receives allowances or salary from another source will receive such salary and allowances from the Government as the Secretary to Government may determine having regard to the circumstances of the case. 

11.2.5 Travel Arrangements 

(1) International travel will be by air, by the most direct and cheapest route. Reservations will be made by the Secretary for each Ministry and must not be altered without prior authority. In the event of disruption to the scheduled services it is the officer's responsibility to proceed by the first available flight. 

(2) Internal travel within the country of training will be by the cheapest or most commonly used means, having regard to all relevant circumstances. 

(3) Officers are required to make or confirm reservations for return flights six weeks (or as soon thereafter as possible) before the end of training, and notify the Secretary to Government through their respective Heads of Division of the details. 

(4) Any unused portions of tickets must be returned to the Secretary for Works, as soon as possible to enable a refund to be claimed.

11.2.6 Leave During Training

(1) An officer will not normally be allowed to take leave or stop over unnecessarily when in transit to an overseas destination. Applications to take leave on the completion of the training or during the return journey must be submitted to the Secretary to Government through the Secretary to the officer's Ministry not less than 6 weeks before the end of the course. In the event of the application being approved, the officer will not be entitled to receive any allowances for the period of the leave. 

(2) When an officer attends a course of training at an institute which closes for periodic vacations, these vacations will not be counted as leave. Trainees will however be expected to continue their studies through the vacations, and attend any supplementary courses or study visits which might be arranged. 

(3) An officer will be entitled to enjoy the public holidays celebrated by the country in which the officer is training. The officer will not be entitled to public holidays celebrated in Tuvalu. 

(4) Where a course of training extends more than three months the period of training in excess of three months will not count towards normal leave. The provisions of GAO 9.1.16 will apply. 

11.2.7 Families 

Married officers are encouraged to take their spouses with them whilst on training overseas. The Government however shall not be responsible for the payment of airfares to and from the place of training for the officer's spouse and family that the officer takes. Where the officer is sponsored by the Government, the Government shall pay to the officer the married allowances rates. The same rate of allowances shall also be payable where the officer is accompanied by the officer's children without the spouse accompanying the officer on training. 

11.2.8 When Housing Vacated by Family 

(1) Officers who vacates a house either owned by Government or not in accordance with GAO 13.2.5 will be granted transport in the class appropriate to their post for their spouse and up to four of their children to their home island and back to the officer's duty station.9 

(2) The family of married officers granted transport privileges in accordance with the provisions of paragraph (1) of this Order may be granted a baggage allowance at the appropriate rates. 

(3) Claims in respect of the foregoing family passages and baggage allowance will be charged to an officer's Ministry, which will be responsible for issuing the appropriate local purchase orders. 

11.2.9 Home Visits 

(1) Officers who wish to return home during their courses are responsible for all travelling arrangements and the costs involved. 

(2) The officer may be required to report for duty for any or all of the period of the home visits. 

11.2.10 Training Fees 

Tuition, examination and any other compulsory fees will be paid on behalf of the trainee, with the exception of any refundable charges, which must be paid by the trainee from his own pocket. 

11.2.11 Training Allowances 

Scholarship awardees for tertiary training awards will be entitled to receive the following benefits: 

(1) Costs of economy class air travel (and up to 40kg accompanied baggage) to the country of study at the beginning of the award and to Tuvalu at the end of the award; 

(2) Costs for accommodation stops and per diems allowances at the approved rates during unavoidable stopover in transit between Tuvalu and the country of study; 

(3) For in-service awardees stationed on the outer islands, transit expenses in Funafuti only on first travel to begin studies and at the completion of the award; 

(4) Government of Tuvalu will not meet fares of students who wish to return to do their research in the country if their overseas sponsor is not prepared to meet their cost; 

(5) Costs of other academic and other compulsory fees, field trips essential to the training programmes and some tutorial assistance where appropriate; 

(6) Book allowance for the purchase of text books required for the students course; 

(7) An establishment allowance to be paid once only at the beginning of the course; and 

(8) Accompanied or unaccompanied allowance where appropriate, at the approved rates depending on the country of study; 

11.2.12 External Awards 

If a course is financed wholly or partly from external sources and the terms of the award are deficient in respect of any of the expenses provided for in General Administrative Order 11.2.12. the Secretary to Government may approve the additional award of all or part of such allowances. 

11.2.13 Payment of Allowances 

(1) Allowances will be arranged by the Office of the Prime Minister, in conjunction with the Ministry of Finance. 

(2) Officers accepted for training overseas will be informed by the Office of the Prime Minister. 

11.2.14 Agreement for Officers Accepted for Training Overseas 

(1) An officer who is accepted for an approved course of training abroad and whose training course is financed either wholly or partly by the government or an overseas organisation or government for any period in excess of one month, will be required to enter into an agreement with the Government binding the officer to return and continue service with the Government after such training course for a fixed period. The form to be used for this purpose will be in accordance with Appendix 11A to this Chapter. 

(2) It will be the responsibility of the Secretary Government to ensure that officers proceeding on overseas courses of training comply with the foregoing paragraph before they leave the country. Refusal to enter into an agreement as aforesaid may entail the withdrawal of such training offer from such officer. 

(3) Copies of agreement forms signed by officers will be forwarded to the Secretary to Government as soon as possible. 

(4) Regulations 2, 3, 4 and 6 of the Education (Conditions of Scholarships) Regulations 1979 shall, with necessary adaptations and modifications, be deemed to be incorporated in this General Administrative Order in respect of any officer accepted for training as aforesaid. Any officer who upon completion of a course of training fails to become available for the period specified in the First Schedule to those Regulations shall be liable to repay to the Government a percentage of the value of such a course calculated by reference to the Second Schedule of those Regulations. 

11.2.15 Salary Increments While on Training10 

(1) An officer on long-term tertiary training will be entitled to the award of annual increments for the period of the training, provided that the officer successfully completes the training course during the specified time. This recognises that the pursuit of an academic programme is just as beneficial to the public service future performance as is actual service on the post. 

(2) An officer who fails to complete the training course during the specified time will not be entitled to the award of annual increments for any additional period needed to complete the training course. 

(3) Application from an officer for the award of annual increment for the period of the training shall be made to the officer's Secretary, within a year after completion of training. 

(4) Applications for the award of annual increments for the period of the training must be supported by an official copy of the officer's academic transcript or a certified copy of the same for the years or academic semesters that correspond to those which the application is based. 

(5) Applications for the award of annual increments for the period of training that do not contain the applicant's official transcript or a certified copy of the same will not be considered. 

(6) When considering an application for the award of annual increments for the period of the training, a Secretary shall take into account the following matters: 

(i) the academic performance of the applicant in the tertiary institution for the years or academic semesters that correspond to those which the application is based; 

(ii) the relevance of the programme of study and the courses which the officer enrolled in to the post the officer held in the Public Service at the time the officer was awarded with the tertiary training. 

(7) If the Secretary is satisfied that: 

(i) the officer's academic performance is satisfactory; and 

(ii) the officer's programme of study and the courses of study are relevant to the post the officer held in the Public Service at the time the officer was awarded with the tertiary training the Secretary shall then submit the officer's application together with his/her recommendations to the Secretary to Government for approval. 

______________

APPENDIX 11A

AGREEMENT FOR OFFICER ACCEPTED FOR TRAINING OVERSEAS 

I             (full name) 

of           (address) 

being of full age [OR being aged years] and being desirous of receiving an award from the Government of Tuvalu of a grant for a period of [months/years] to pursue a course of training in............................................ at [Institution] 

DO HEREBY declare that I have read a copy of the Education (Conditions of Scholarships) Regulations, 1979, which I understand. 

AND I DO HEREBY bind myself to repay to the government of Tuvalu such proportion of the value of the award now made to me as the Minister may determine in accordance with the provisions of the aforesaid Regulations in the event of my failing to make myself available for employment in the public service of Tuvalu or such other private or public employment as the Minister may approve at the conclusion of my course of training. 

Signed: 

at: 

this...................................day of..........................................................................20 

Before         (witness]
 (occupation]

In the case of an officer under 18 years of age 

Countersigned (Parent or Guardian] 

__________

CHAPTER 12 - STAFF RELATIONS

12.1 GENERAL

12.1.1 Joint Consultation 

Amicable and effective staff relation policies which command the confidence of all employees are considered to be essential to the efficient management of the Public Service. They are the joint responsibility of the Government and members of the civil service and any association representing them. Government for its part, firmly supports the principle of joint consultation and will take every opportunity to assist in its promotion. 

12.1.2 Staff Association 

While the major aim of staff associations is obviously to further their members' interests, they can only do this effectively within a progressive and efficient service. They have an interest, therefore, in the success of the authorizations in which their members are employed and it is the firm conviction of Government that they have an essential contribution to make to the development of Tuvalu by co-operating in measures to improve efficiency. 

12.1.3 Individual Employees 

The individual employee has obligations to the Public Service, to any staff association to which the officer may belong, and to fellow employees. Officers share responsibility for the state of staff relations in the Ministry in which they work and their attitude and conduct can have a decisive influence on them. In particular, certain employees have special obligations arising from the membership of a profession such as those concerned with health and education. They should take care never to allow their loyalties to a staff association to conflict with the standards of work or conduct laid down for those professions, where such action might endanger public health or the well being of the public generally. 

12.1.4 Consultation Within Ministries 

Secretaries must ensure that there is effective machinery for providing all members of staff with adequate information concerning the objectives of and developments within their Ministries, and for a genuine exchange of views on these matters where this would be an advantage. This is especially applicable in the case of employees at supervisory level, whose selection, training and career development, are so critical to the efficient management of the Service. 

12.2 JOINT CONSULTATIVE COUNCIL

12.2.1 Appointment of Council 

In accordance with the principle stated in GAO 12.1.1 there shal1 be a Joint Consultative Council appointed for the purpose of conducting negotiations between Government and its employees, and for making recommendations to the Prime Minister in the light of those negotiations. 

12.2.2 Composition of Council 

(1) The Joint Consultative Council shall consist of an Official side and a Staff side; 

(2) The Official side shall have four members appointed by the Prime Minister from amongst officers of the civil service; 

(3) The Staff side shall have four members who shall be elected from amongst their members by the Staff Association. 

12.2.3 Chairman and Deputy Chairman 

The Council shall elect a Chairman and Deputy Chairman from amongst its members, provided that if the Chairman is elected from the Staff side, the Deputy Chairman shall be elected from the Official side and vice versa. 

12.2.4 Secretary to Council 

The Council shall elect a Secretary amongst its members. 

12.2.5 Meetings of Council 

The Council shall meet not less than four times each calendar year, and the quorum shall be not less than two members from each side including the Chairman and Deputy Chairman. 

12.2.6 Recommendations 

Recommendations to the Prime Minister shall, if at all possible, be agreed upon through consensus. Failing such a resolution, recommendations may be approved by a majority vote of the Council, provided that in the event of a tied vote the Chairman of that meeting shall have a casting vote. 

12.2.7 Functions of JCC

The functions of the JCC shall be to consider and make recommendations on the following matters: 

(1) provision of the best means for utilizing the ideas and experience of the staff; 

(2) the general principles governing conditions of service e.g. recruitment, hours of work, promotion, discipline, salaries and other benefits; 

(3) the encouragement of further education and training for staff; 

(4) the improvement of office organization; 

(5) proposed legislation and its effect on service administration. 

Provided that matters concerning the terms of service of individual officers shall not be considered. 

12.2.8 Sub-Committees 

The JCC may conduct negotiations at more than one level or arrange to discuss subjects of a special nature by delegation to such panels or sub-committees as may be convenient to the realistic consideration of related matters or the expeditious dispatch of Council business. 

12.2.9 Extraordinary Meetings 

An Extraordinary meeting of the Council may be called at the request of five or more members provided that the matter to be discussed shall be notified to the Secretary and circulated to all members not less than two weeks prior to the date fixed by the Chairman for the meeting, unless all members agree that the matter is of sufficient urgency to warrant an earlier meeting being arranged. 

12.2.10 Co-opted Members 

Where a matter, which is primarily concerned with a particular Ministry or section of the service, is being considered by the JCC, the Secretaries or some other senior officer may be co-opted as a member of the Council for that meeting provided that a co-opted member shall not have a vote. 

12.3 STAFF ASSOCIATION

12.3.1 Membership of Staff Association 

All officers are free to join a staff association. Officers are encouraged to become members of such associations in order that the staff association may be fully representative of the service. 

12.3.2 Office Holders of Staff Association 

(1) Except as provided in (2) any public officer may hold office in a recognized staff association. 

(2) Officers occupying posts where they are likely to represent Government in negotiations with staff associations should not hold office in such associations. 

The Secretary to Government, Secretary for Finance, Auditor General and officers dealing with establishment matters in the Office of the Prime Minister may not hold office. 

12.3.3 Activities in Working Hours 

Except for negotiations between Government and associations, Association activities may not be carried on during normal working hours unless with the prior approval of the Secretary to Government. 

CHAPTER 13 - HOUSING

13.1 ALLOCATION OF HOUSING

13.1.1 Categories of Housing 

Government housing may be classified into three categories 

(1) institutional housing in which staff are required to live close to their place of work; 

(2) housing made available to officers for rent; and 

(3) tied housing. 

13.1.2 Control of Allocation 

(1) Overall control of the allocation of government housing, other than institutional housing, is vested in the Secretary to Government. 

(2) Control of allocation of government institutional housing accommodation is vested in the Secretary to Government, in consultation with the head of the institution concerned. 

13.1.3 Housing Officer 

Subject to the general and specific directions of the Secretary to Government, houses will be allocated by a Housing Officer appointed by the Secretary to Government. 

13.1.4 Notification of Housing Requirements 

(1) As soon as a Head of Division is aware that an Officer is to be appointed to the Division, or is returning to the Division from leave and will require a house, the Head of Division will inform the Secretary to Government. If no suitable housing is available, the Secretary to Government will inform the Head of Division accordingly. In the case of new appointments, the Head of Division will then consult the Secretary to Government as to whether the officer should be appointed on the understanding that no housing is available, or whether the appointment should be cancelled or postponed. 

(2) An officer at post who requires housing should notify the Secretary to Government through the Head of the officer's Division, in order that the officer's name may be placed on the Housing Officer's waiting list. 

13.2 GENERAL POINTS SYSTEM

13.2.1 Factors to be Taken into Account 

In allocating housing, the Housing Officer will take into account: 

(1) the officer's salary; 

(2) the officer's length of service; 

(3) the officer's family status; 

(4) the period during which the officer has been un-housed; and 

(5) the length of waiting time since an application for a house. An outline points system for the allocation of housing is at Appendix 13C 

13.2.2 Eligibility

(1) Except for the categories of officers listed in sub-section (2) of this Order, all officers are eligible for government housing but no officer has a right to a house or to any particular class of house. 

(2) The following officers are not eligible for government housing unless special circumstances apply:

(a) temporary officers 

(b) officers participating in the Home Ownership Scheme 

(c) officers who own houses where they are stationed. 

For the purposes of this subsection, an officer owns a house if the officer has the absolute right to use, enjoy, possess and dispose the house to others, regardless of any actual or constructive control over the house.11 

(3) The Housing Officer may only allocate one house to a married couple. 

13.2.3 Eligibility for Types of Housing 

An officer's eligibility for types of housing, when available, is as follows: 

Level 	 House types 	
1 -3	 B 	
4 -5	 C 	
6 -7	 D 	
8 -10	 E 	

13.2.4 Tied Houses 

Apart from houses al1ocated to the Governor-General, Prime Minister, the Speaker, and Ministers, there are no tied houses. 

13.2.5 Absence From Post Exceeding 12 Months 

An officer who for any reason will be absent from a station for a period in excess of 12 months will normally be required to vacate any premises that officer occupies. 

13.2.6 Re-occupation of Houses 

An officer who is required to vacate a house in accordance with GAO 13.2.5 may apply to the Secretary to Government for permission to re-occupy the house, once the officer has returned. The Housing Officer will meet such requests where practicable but no guarantee may be given. 

13.2.7 Taking up Allocated House 

An officer who has been allocated a government house by the Housing Officer must occupy that house within a reasonable period. If the officer objects to the allocation made, the officer may appeal in writing through the Secretary to Government. If, after a decision on the officer's appeal, an officer still fails to occupy an allocated house within 7 days after such decision was made, the officer will be responsible for finding alternative accommodation. 

13.2.8 Change of Houses 

(1) An officer may apply to the Secretary to Government for a change of house at any time, and the officer's claim will be considered along with those of other officers. 

(2) An officer who has applied successfully for a change of house. will not be considered for a further change within the following 12 months unless: 

(a) the officer becomes eligible for a higher class of house as a result of promotion or re-grading; 

(b) the place where the officer works has moved; or 

(c) there is a change in family circumstances. 

13.2.9 Shared Accommodation 

Single officers may be required to share a house. When such an arrangement is necessary, arrangements should be made in consultation with the officers involved. 

13.3 RENTS

13.3.1 Classification 

Houses are classified by the Secretary to Government for the purpose of assessing rents. These classifications and rents are set out in Appendix 13A to this Chapter. 

13.3.2 Shared Houses 

If two or more officers are allocated a single house, the rent will be shared proportionately between them. 

13.3.3 Rent Adjustment 

If officers are allocated a house of a classification higher than that appropriate to their basic eligibility, other than at their own wish, they will pay rent at the rate appropriate to their highest normal classification. 

13.3.4 Rent Where House Retained During Absence 

An officer who retains a house during a period of absence will continue to pay rent unless arrangements are made for it to be occupied or to be available for occupation by another officer who will pay the rent for the relevant period. 

Provided that the officer shall not be absent for a period of more than 90 days. 

13.3.5 Rent Free Accommodation 

Caretakers of grade A houses are entitled to rent free accommodation. 

13.3.6 Substandard Accommodation 

The Secretary to Government may authorise a reduction in the rent of houses in a seriously sub-standard condition 

13.4 HANDOVER PROCEDURE

13.4.1 Takeover and Handover 

The takeover and handover of houses and furniture will be supervised by the Secretary for Works. The Secretary for Works will arrange to check the inventory and inspect the condition of the house in the presence of the incoming officer and in the presence of the outgoing officer respectively. 

13.4.2 Right to Enter and Inspect. 

(1) The Secretary to Government shall at all times retain the right to enter and inspect Government houses to ensure that officers are maintaining them in a clean and habitable condition. 

(2) The Secretary to Government, or any officer appointed to enter and inspect premises shall give an officer occupying any Government house reasonable notice of any proposed inspection. 

13.4.3 Responsibility of Tenant 

On occupying a government house an officer becomes the tenant and is required: 

(1) to keep the house and grounds in proper order; 

(2) to permit entry and inspection of any part of the house and surrounds to authorised personnel from the Government; 

(3) to report the need for repairs or maintenance; 

(4) to report the need for repairs to or replacement of furniture; 

(5) not to carry out any structural alterations or modifications of any kind to electrical or other service installations or to the furniture or fittings without the prior consent of the Secretary for Works. In the event of consent being given, any addition to the structure or any fixtures installed will become the property of the Government and no compensation will be paid to the officer on termination of occupancy; 

(6) to comply with the requirements of any bye-law or other instruction regarding rubbish collection or health measures; 

(7) to ensure that the house is kept reasonably secure; 

(8) to ensure that the officer's conduct and that of his family and guests are not such as to create a nuisance to neighbours; 

(9) to ensure that any animals owned by an officer do not create a nuisance; 

(10) to pay any service charges including charges for electrical appliances; 

(11) to ensure that any electrical appliances are in a safe working condition and are properly connected; 

(12) not to let or sublet the house. 

13.4.4 Making Good Loss or Damage 

An officer is responsible for the care of any allocated house and will be required to meet the cost of replacing any loss or making good any damage other than that arising from weather and fair wear and tear. 

13.4.5 Vacating Accommodation 

(1) When an officer proposes to vacate a house the officer shall advise the relevant Head of Division or Secretary who will inform the Secretary of Works and Secretary to Government of the date on which the house is to be vacated and arrange a time for handing over the house. 

(2) It is the responsibility of an officer to inform the Secretary for Works that officer's intention to vacate a house in sufficient time to enable the electricity meter to be read and the telephone account to be closed. 

13.4.6 Condition on Vacation 

An officer vacating a house is responsible for leaving the house and grounds in a clean and tidy condition. The Secretary for Works may direct that an officer who fails to comply with this Order be charged the cost of putting the house and grounds in order. 

13.5 MAINTENANCE OF HOUSING

13.5.1 Maintenance and Decoration 

(1) Redecorating of houses will be carried out at appropriate period and intervals and applications for the routine redecoration of a house are not necessary, but an officer who believes such redecoration to be overdue may ask the Director of Works to examine the house. 

(2) If redecoration is required in advance of the due date, an application should be made to the Secretary for Works. If the Secretary for Works is satisfied that redecoration is necessary and the need does not result from the negligence of the officer occupying the house, the Secretary may authorise the Director of Works to carry out the work. If the Secretary for Works considers that redecoration is not necessary the Secretary may nevertheless allow the officer to carry out the work at the officer's own expense. Form P14 at Appendix 13D should be used for applications for decoration. 

13.5.2 Alterations

Request for alteration to houses should be addressed to the Secretary for Works. Requests for alterations at Government expenses will only be approved in exceptional circumstances and after consultation with the Secretary for Finance. Requests for alterations at the officer's own expense will be approved at the discretion of the Secretary for Works. 

13.5.3 Contingency Maintenance 

Requests for contingency repairs to houses should be addressed to the Secretary for Works in the prescribed form. Requests for repairs to or replacements of furniture should be addressed to the Secretary for Works. Form P14 at Appendix 13D should be used. 

13.5.4 Complaints 

Complaints regarding the maintenance, furnishing and redecoration of houses should be addressed to the Secretary for Works. If this achieves no result, an officer may address the complaint to the Secretary to Government. 

13.6 FURNITURE

13.6.1 Scales of Furniture 

In these GAO furniture refers to furniture supplied to government houses occupied by officers. The scales of furniture for issue to government houses are as prescribed from time to time by the Secretary to Government. The current scale is set out in Appendix 13B. 

13.6.2 Transfer of Furniture 

Furniture may not be removed from or transferred between houses without the consent in writing of the Secretary for Works. Where consent is given, the inventory must be amended accordingly. 

13.6.3 Loss or Damage to Furniture 

An officer may be required to make good any loss or damage to any furniture caused by the officer's neglect or default. 

13.6.4 Maintenance of Furniture 

Requests for repairs and maintenance to furniture should be submitted to the Secretary for Works using Form P14 at Appendix 13D. 

APPENDIX 13A

HOUSE RENTS BY GRADE

Rate Per 1 Month 
Grade 	'B' 	$75.00 	
Grade 	'C' 	$67.00 	
Modified 	'D' 	$55.00 	
Grade 	'D' 	$42.00 	
Grade 	'E' 	$38.00 	

APPENDIX 13B

SCALE OF FURNITURE - GOVERNMENT HOUSING

ITEMS 	GRADE 	GRADE 	GRADE 	GRADE 	
	B 	C 	D 	E 	
Table Dining 	1 	1 	1 	1 	
(incl. Small occasional tables) 	6 	4 	2 	-	
Kitchen Table 	1 	1 	1 	1 	
Laundry Table 	1 	1 	-	-	
Chairs Dinning 	7 	6 	4 	2 	
Lounge 	6 	4 	2 	-	
Kitchen 	1 	1 	2 	2 	
Laundry 	1 	1 	-	-	
Bookcase 	1 	1 	1 	-	
Writing table 	1	 1 	1	 -	
Single bed 	6 	4 	2 	2 	
Mattresses 	6 	4 	2 	-	
Pillows 	6	 4 	2	 -	
Dressing Table with drawers and Mirror 	3 	2 	2 	1 	
Bathroom Stool 	1 	1 	1 	-	
Wardrobe (built in) 	2 	2 	-	-	
Lowboy 	2 	2 	1 	-	
Linen Cupboard (built in) 	1 	1 	1 	-	
Chest of Drawers 	2 	-	1 	-	
Dressing Table Stool 	3 	2 	-	-	
Kitchen Cupboard 	1 	1 	-	-	
Meat Safe 	1 	1 	1 	-	
Stove Gas 	1 	1 	-	-	
Stove Kerosene 	-	-	1 	1 	
Refrigerator 	1 	1 	-	-	
Small Refrigerator 	-	-	1 	-	
Deep Freezer 20 cu. ft 	1 	-	-	-	
Water Filter 	1	 1 	1	 1 	
Electric Fan 	1 	1 	-	-	

APPENDIX 13C

POINT SYSTEM FOR ALLOCATION OF HOUSES:

In assessing the eligibility for a particular house the Housing Committee shall apply the points system detailed below except where this would result in an allocation which is manifestly impracticable or inequitable. 

1. Salary Status 

With a salary base of $3000 two points are awarded for every $300 of salary above that amount. 

2. Length of Service 

For every year of service outside the officer's principal domicile one point is awarded. 

3. Family Status 

Three points are awarded for a wife and four points for each child resident in post and two points for each child under eighteen years not resident in post to a maximum of four children in all. 

4. Period during which unhoused 

One point is allowed for each six months during which the officer has been unhoused or where an officer vacated a house, for the new period the officer was unhoused. 

5. Date of Application 

Two points shall be allowed for every year of service, from the date of application for the period unhoused. 

______________

APPENDIX 13D

FORM P14 APPLICATION FOR BUILDING AND FURNITURE MAINTENANCE

(GAO 13.5.1)

To: Director of Works, P.W.D........................ Building Type:

From: A) (REQUEST) 

(Please submit separate forms for each type of maintenance, e.g. Building, Electrical, Plumbing, Furniture).

On the understanding that only Government owned buildings shall be maintained from funds under the building and furniture maintenance vote, I hereby request that the following work be undertaken: 

(1) 

(2) 

(3) 

(4) 

SIGNED: _______________________

DATE: _________________________ 

(B) APPROVAL

The above request is approved. 

SIGNED:_______________________ DIRECTOR OF WORKS: _______________

DATE: ________________________ 

(C) INSPECTION

I certify that the above work has been carried out satisfactory. 

SIGNED: _______________________________ DATE: ______________________
for DIRECTOR OF WORKS 

CHAPTER 14 - TRANSPORT

14.1 TRANSPORT ALLOWANCES

14.1.1 Class of Accommodation 

(1) The class of accommodation for which an officer will normally be eligible when travelling at government expense is set out in Appendix 14A to this Chapter. 

(2) The Secretary to Government may direct, in the public interest, that any officer or class of officers travel in a higher or lower class. 

14.1.2 Normal Routes 

(1) The normal route for an officer eligible for transport within Tuvalu at Government expense to any island is by sea. 

(2) A Secretary may, authorise an officer to travel by air to an island served by the internal air service where it is in the interest of the service to do so. 

14.1.3 Entitlement on First Appointment 

Officers travelling on first appointment are entitled to transport, including baggage costs, at government expense for themselves, their spouse, and up to four children, between their home or place of recruitment and the place where they are to assume duty, in the class appropriate to their post. Details of the entitlement of officers are set out in Appendix 14A to this Chapter and at Appendix 14B. 

14.1.4 Entitlement on Transfer 

Officers travelling on transfer are entitled to transport at Government expense for themselves, their spouse and up to four children, including baggage costs, between their former station and the place to which they are transferred, in the class appropriate to their post. Details of an officer's entitlement will be found in Appendix 14A of this Chapter and at Appendix 14B. 

14.1.5 Transport on Duty Within Tuvalu 

Officers travelling within Tuvalu on duty will be granted transport at government expense by sea or air, in the class appropriate to their posts. Details of the officer's entitlement will be found at Appendices 14A and 14B of this Chapter. 

14.1.6 Officer Accompanied by Spouse 

(1) If accommodation is not wholly required for other fare-paying passengers, the spouse of an officer travelling on duty within Tuvalu by sea may be permitted to travel with that officer. In such circumstances, the spouse of an officer will be permitted to travel in the class to which the officer is entitled. The officer will be required to pay 75% of the spouse's passage costs. 

(2) Officers travelling on duty within Tuvalu by air who will be absent from their station for a period of seven days or more and who wish their spouse to accompany them may, if seats are not wholly required for other fare-paying passengers, be granted a passage for their spouse on payment of 75% of the passage costs. 

(3) The grant of assistance towards the cost of passages for spouses in terms of this Order is at the discretion of the Secretaries concerned. 

14.1.7 Transport Outside Tuvalu 

(1) An officer travelling outside Tuvalu on duty will be entitled to transport by sea or air in the class as set out in appendices 14A and 14B to this Chapter. 

(2) An officer who is required to accompany an official who is eligible for first class air fares may, with the consent of the Secretary to Government, also travel first class airfares if it is considered that there is a need for discussion during the journey. Alternatively, when only public officers are involved, the Secretary to Government may direct that the officers concerned travel economy class. 

14.1.8 Entitlement on Completion of Service 

Officers travelling on retirement, on termination of appointment, other than on dismissal, or on completion of contract, are entitled to transport including baggage costs, at government expense for themselves, their spouse and up to four children from their place of duty to their home island in the class appropriate to their post. An officer's entitlement under this GAO must be taken up within one month of the officer's last day of duty, or not later than the first shipping opportunity, whichever is the later. Details of an officer's entitlement are set out in Appendices 14A and 14B to this Chapter. 

14.1.9 Entitlement on Resignation 

An officer who resigns without giving due notice or within six months of last being granted passages, will not be granted further transport privileges unless the Secretary to Government directs otherwise. 

14.1.10 Entitlement Forfeit on Dismissal 

An officer who is dismissed will not be granted any transport privileges. 

14.1.11 Widow and Children of a Deceased Officers 

The spouse and children of an officer who dies in the service may be granted transport in the class to which the deceased officer was entitled, either to that spouses own home island or to the home island of the deceased officer provided the passages are taken up within three months of the officer's death. Details of entitlements are set out at Appendices 14A and 14B to this Chapter. 

14.1.12 Compensation for Injury 

An officer who is injured while travelling on first appointment, on transfer or on duty will be regarded as having received that injury on duty and in the actual course of duty and, provided the injury was not incurred through the officer's own default, will be entitled to the appropriate benefits. 

14.1.13 Loss of Personal Effects 

An officer travelling on first appointment, on transfer, or on duty who suffers loss or damage to personal effects without any default on the part of that officer may, with the consent of the Secretary for Finance, be awarded compensation for uninsured loss or damage where: 

(1) The carriers cannot be held liable for the damage or loss; 

(2) There is evidence of the extent of the damage or loss; and 

(3) A full statement of claim is provided.

14.1.14 Amount Payable 

The amount payable by way of compensation for loss or damage to personal effects shall be assessed by the Secretary for Finance, in consultation with the Secretary to Government having regard to the items involved but shall in no case exceed two-thirds of the replacement value of the goods lost or damaged. 

14.2 USE OF TRANSPORT

14.2.1 Types of Government Vehicles 

Without limiting the types of vehicles that may be included in the fleet, the following types of vehicles form part of the fleet: 

(a) Motorcars 

(b) Pick-ups 

(c) Trucks 

(d) Mini-buses 

(e) Fire tenders 

(f) Tractors and Trailers 

(g) Ambulances 

(h) Forklifts 

(i) Rollers 

(j) Graders 

(k) And any mobile machinery

14.2.2 Allocation of Government Vehicles 

Following the disbanding of the fleet of Government vehicles and their allocation to all Ministries and some divisions, Secretaries (referred to hereafter as the "authorising officers") will be responsible for the proper management and use of the vehicles under their control 

14.2.3 Rules for Use of Fleet Vehicles12 

These rules do not apply to vehicles exclusively allocated to the Head of State, Head of Government, Speaker, Ministers and visiting VIPs. 

All authorising officers are responsible for ensuring that vehicles under their control are used in accordance with the following rules. 

(1) all traffic laws must be complied with; 

(2) vehicles must be used economically and without overloading; 

(3) vehicles must be used only for official business unless otherwise directed by any authorising officers; 

(4) no officer will park or garage a fleet vehicle other than a tied vehicle at his private house except with the approval of the Secretary to Government. This approval shall be in the form of a permit as in Appendix 14C. Tied vehicles may be taken home by officers with the permission of the authorising officers concerned. Officers who, owing to the nature of their jobs, may require to use fleet vehicles for emergencies outside official working hours, should obtain permission from the appropriate authorising officer to enable them to park or garage vehicles at home. 

(5) only government drivers and authorised officers are allowed to drive any government, and only government employees and other persons duly authorised by the authorising officers may travel in any government vehicle; 

(6) authorising officers will arrange for a driver, when available, to be allocated permanently to each vehicle; 

(7) authorising officers shall ensure that log books are properly maintained for each vehicle under their charge and that these log books are checked and scrutinised at weekly intervals to ensure their proper maintenance by drivers or officers concerned; 

(8) it is the duty of authorising officers to replenish with fuel vehicles under their responsibilities from their own Ministry's vote; 

(9) it is a serious offence to carry passengers for payment in Government vehicles; 

(10) no government vehicle shall be allowed to be used or hired by any person; 

(11) all government vehicles shall have a standardised Government of Tuvalu crest clearly painted on it; and 

(12) Police are empowered to seize any government vehicle seen at the wrong place or being used by an unauthorised driver. 

14.2.4 Procedure in Case of Accidents 

Where a government vehicle has been involved in an accident causing damage to it, the driver, or to the person or property of a third party, the officer concerned must report the incident to the appropriate authorising officer as the case may be, the Police and the Director of Works as soon as possible and in any case within twenty-four hours. 

14.2.5 Inquiry into Accidents 

The authorising officer shall arrange for an immediate investigation to be made of the circumstances surrounding the accident and the damage sustained and shall submit a report, within seven days, to the Secretary for Finance, with a copy to the Auditor General and the Director of Works, in the case of a tied or allocated vehicle, giving the following information: 

(1) the place, time and nature of the accident; 

(2) the circumstances in which it occurred; 

(3) details of the damage to the persons, vehicles or property, both Government and third party; 

(4) an assessment of the cost of making good the damage to vehicles and to property by the Director of Works; 

(5) recommendations regarding the write-off of the vehicle if appropriate; 

(6) the name, age and occupation of the driver; 

(7) the name and addresses of any witness; 

(8) the name and addresses of any third parties involved; and 

(9) recommendations with regard to the recovery of the whole or a part of the cost of making good the damage from any officer or officers, bearing in mind that surcharges will normally be made where the officer has been guilty of gross negligence, or has disobeyed Government instructions with regard to the use of vehicles, or the use of the vehicle was not authorised in that particular case. 

APPENDIX 14A

CLASS OF ACCOMMODATION WHEN TRAVELING AT GOVERNMENT EXPENSE

1. By Air 

All officers will be entitled to travel economy class but business class where a travel sector is more than 6 hours. Accompanying officials are normally entitled to First Class when accompanying an office holder, depending on seat availability and funds. 

2. By Sea 

An officer travelling by sea is entitled to any class of accommodation provided that the liability of the Government shall be limited to the cost of the appropriate sea passage or the actual cost of the journey, whichever is the less. 

3. By Sea on Tuvalu Vessels 

4. Notwithstanding the above entitlements: 

(1) Officers occupying posts carrying a scale the maximum of which is in level 5 or above may be provided with cabins qualifying for excess charge when available; 

(2) All officers travelling on duty irrespective of their salary level will be eligible for saloon class passages when available. 

(3) Priority in the allocation of saloon class passages will be determined by seniority. 

(4) Disputes over allocation of saloon class passages will be dealt with by the Secretary for Works whose decision shall be final. 

Salary Scale 	Entitlement 	
Posts carrying a scale the maximum of which is in 	lst Class 	
level 5 or above Saloon 		
Posts carrying a scale the maximum of which is in 	2nd Class 	
level 6 and not below Saloon 		
Posts carrying a scale the maximum of which is in 	Deck 	
level 9 or below level 8 		

APPENDIX 14B

BAGGAGE ENTITLEMENT OF OFFICERS IN TUVALU PUBLIC SERVICE

1. The baggage allowances of officers are set out in GAOs 14.1.4. to 14.1.9 and are summarised here for convenience: 

(1) Officer on first appointment	200 cu ft	
(2) Officer going on approved annual leave	200 cu ft	
(3) Officer proceeding on transfer	300 cu ft	
(4) Officer proceeding on retirement	400 cu ft	

2. There is no limitation on the type of effects which can be included in the above al1owances except that if any item or part of the officer's personal effects are surcharged Government will not, pay more than the normal rate for an officer's effects up to but not exceeding the 1imits set out above. 

3. The entitlement of single officers will be half those listed in l(l)-(4) above respectively except where the officer has accompanying children. 

APPENDIX 14C13

APPLICATION FOR A DRIVING PERMIT/LICENSE ON GOVERNMENT VEHICLES
(AS PER GAO 14.2.3 (4)

To: Secretary to Government 

(A) REQUEST 

From:………………………………….Ministry/Department 

I wish to apply for a: 

(a) Permit 

(b) Driving License 

to allow me to drive the Ministry/Department's vehicle Registration No…………… for the purpose of: 

(a) ………………………………………………………………………………. 

(b) ………………………………………………………………………………. 

(c) ……………………………………………………………………………….. 

(B) DRIVING LICENSE DETAILS OF APPLICANT

Driving License No

Classes

Valid till (Please attach your driving license)

Applicant's signature

Date 

(C) APPROVAL 

(a) The above request is not approved. 

(b) The above request is approved and Permit No……………….. and

Driving License No……………… are hereby granted to the said Officer. 
Signed………………………………… Secretary to Government Date…………………………………… 

CHAPTER 15 - MEDICAL

15.1 MEDICAL TREATMENT WITHIN TUVALU

15.1.1 Entitlement 

Except as otherwise provided in these Orders, all officers, their spouses and children are entitled to free medical and dental treatment by Government medical staff, including Embassy staff. Essential medicines and surgical materials provided by the health service will be supplied free of charge on prescription by Government medical staff. 

15.1.2 Payment for Spectacles and Dentures 

When a Government medical officer considers it essential for an officer to have spectacles, dentures or any surgical appliance, these will be given to the officer, provided that if the cost exceeds one quarter of one month's salary, the officer's contribution will be limited to that proportion of the officer's salary. 

15.1.3 Travel for Treatment 

An officer who is required by a Government medical officer to travel within Tuvalu for the purpose of obtaining medical treatment may be granted: 

(1) transport to the place of treatment at government expense; 

(2) subsistence allowance in respect of expenses necessarily and reasonably incurred, provided that subsistence allowance may not be claimed whilst an officer is in hospital. 

15.2 MEDICAL TREATMENT OUTSIDE TUVALU

15.2.1 Treatment During Duty Visit 

An officer who is on duty outside Tuvalu is entitled to all urgent and essential medical, dental and hospital treatment at the expense of Government in so far as it is not available without charge under the health service of the country concerned. 

15.2.2 Treatment Not Available Within Tuvalu 

An officer, the spouse of an officer and the children of an officer who are approved by the Secretary for Health, to receive medical examination or treatment including dental treatment, outside Tuvalu, will be granted passage; by the most economical means to the place where, on the advice of the Secretary, the examination or treatment is to be undertaken. The cost of the examination or treatment including specialist fees will be met from government funds. 

15.2.3 Treatment Involving Spectacles or Dentures 

When the treatment involves provision of spectacles or dentures or surgical appliances the cost will be at the expense of the officer, subject to the provision of GAO 15.1.2. 

15.2.4 Powers of Secretary for Health, 

The decision of the Secretary for Health on the advice of the Director of Health as to what medical treatment is required and as to the place at which having regard to all the circumstances, the treatment should be undertaken, will be final. 

15.2.5 Sick Leave Entitlement 

The entire period of absence from duty for medical examination or treatment outside Tuvalu, including any period necessary for travel, will be treated as sick leave in accordance with the provisions of GAOs 9.2.1 to 9.2.13. 

15.3 GENERAL

15.3.1 Where Family May Accompany Officer 

The Secretary for Health may, if considered advisable, permit the spouse and children of an officer required to travel for medical treatment to accompany that officer. In these circumstances the cost of all necessary travel expenses and reasonable subsistence costs will be met from Government funds. 

15.3.2 Refusal to Undergo Treatment 

An officer who refuses to undergo treatment or to enter hospital when a Government medical officer has so recommended will not be eligible for sick leave unless the Secretary to Government directs otherwise. 

15.3.3 Absence Through Illness to be Notified 

Subject to the provisions of GAO 9.2.2. an officer who is absent on account of illness is required to notify the officer's Supervising Officer and to obtain a medical certificate subject to the provisions of GAO 9.2.3. 

15.3.4 Records 

(1) The Secretary to Government shall ensure that a record is maintained of every officer's illness or injury. 

(2) Heads of Divisions, and where appropriate, Secretaries will maintain a record of all absences on medical grounds of the staff within a Division or Ministry, and shall submit a quarterly return of such absences to the Secretary to Government. Heads of Divisions and Secretaries will also draw the Secretary to Government's attention to any officer who is absent for more than 10 days in any period of twelve months. 

15.3.5 Notification of Next of Kin 

On first appointment an officer must notify the Secretary of their Ministry and the Secretary to Government of the name and address of their next of kin. Any change in next of kin must also be notified. 

15.3.6 Serious Illness of an Officer 

If an officer is seriously injured or ill, the medical officer in charge of the case shall immediately inform the officer's Secretary who will take steps to inform the next of kin where necessary. The Secretary to the officer's Ministry must inform the Secretary to Government of the situation and of the action taken. 

15.3.7 Death of an Officer 

(1) The Secretary to the officer's Ministry and the Secretary to Government must be informed immediately by the appropriate Supervising Officer of the death of any officer. 

(2) The Secretary to Government will inform the next of kin. 

15.4 MEDICAL BOARD

15.4.1 Retirement on Medical Grounds 

Reference to the procedures for retiring an officer on the grounds of ill health will be found in GAO 4.5.1, and PSC Rule 43 

15.4.2 Medical Boards 

A Secretary may at any time, and will, if an officer so requests, ask the Secretary for Health, to appoint a Medical Board to examine the officer and report on whether the officer is medically fit to perform the duties attaching to that officer's post, or to a post to which it is proposed to transfer that officer. 

15.4.3 Constitution of Board 

(1) A Medical Board shall be appointed by the Secretary for Health, and will consist of a Chairman and either one or two other members, all of whom will be registered medical officers. The terms of reference of the Board will be laid down by the Secretary for Health. 

(2) When an officer is not in Tuvalu, the Secretary for Health, will appropriate for the examination of the Officer concerned. 

15.4.4 Report of Board 

The report of the Board shall be forwarded under confidential cover to the Secretary to Government who shall submit the finding of the Board to the Public Service Commission. 

15.4.5 Officer's Representation 

Officers may make a submission to the Commission concerning their health and future employment within the service within such reasonable time as may be specified. Such representations should be submitted through the officer's Secretary to the Secretary to Government for consideration by the Public Service Commission. 

15.4.6 Retirement and Termination on Medical Grounds 

(1) A permanent or probationary officer who is found by a Medical Board to be unfit for further service may be required by the Public Service Commission to retire on medical grounds. 

(2) The appointment of a contract officer who is found by a Medical Board to be unfit for further service may be terminated by the Public Service Commission in accordance with the provisions of the officer's agreement. 

(3) The appointment of a temporary officer who is found by a Medical Board to be unfit for further service may be terminated by a Secretary by giving due notice. 

CHAPTER 16 - GOVERNMENT PUBLICATIONS AND GAZETTE

16.1 TUVALU GAZETTE

16.1.1 Content of Gazette 

The Tuvalu Gazette is published on the last Friday of each fortnight or on such other occasions as the Prime Minister may order. 

It contains the following information: 

(1) Disallowance of laws; 

(2) Commencement dates of new enactments; 

(3) A list of supplements published with each issue; 

(4) Honours and awards; 

(5) Government staff changes (appointments, promotions, confirmations, resignations and terminations); 

(6) Government notices; 

(7) Public notices; 

(8) Court notices; 

(9) Legal notices; and 

(10) Private announcement as authorised from time to time. 

16.1.2 Supplement to Gazette 

Supplement to the Gazette are published which may contain: 

(1) Newly enacted laws; 

(2) Regulations, Rules and Orders made pursuant to any law; 

(3) Reprints of existing Laws; 

(4) Law reports; 

16.1.3 Volumes of Laws and Gazettes 

Bound volumes of laws will not be published in the future. It is intended that copies of the Gazette and relevant laws should be compiled in loose leaf form in the appropriate folders: 

(1) Laws and Regulations 

(2) Gazettes 

16.1.4 Material for Gazette 

Items for inclusion in the Gazette must be submitted to the editor (the Clerk to Parliament) before noon on the Wednesday prior to the date of publication. Where appropriate they should bear the official file number. 

16.1.5 Printing of Gazette 

The Clerk to Parliament is responsible for the printing of the Gazette. 

16.1.6 Effect of Gazette Notices 

Laws come into effect on the day of publication of notification of assent on the Government Notice Board unless other provisions are specifically made. 

16.1.7 Distribution of Gazettes 

The Clerk to Parliament is responsible for the distribution of the Gazette. 

16.1.8 Gazette Prima Facie Evidence of Authenticity 

A printed copy of the Gazette or a Gazette Supplement purporting to be issued under the Authority of the Gazette law is prima facie evidence of its contents and of its authenticity both within the judicature and without. 

16.1.9 Up-dating of Publication 

Officers to whom publications are issued for their personal use are required to up-date them regularly. 

CHAPTER 17 - CORRESPONDENCE

17.1 CHANNELS OF COMMUNICATIONS

17.1.1 Forms of Correspondence 

Government correspondence shall take the following forms: 

(1) diplomatic note, highly formal (between the Government of Tuvalu and Foreign Governments); 

(2) official letter, formal (normally to members of the public and outside bodies); 

(3) memorandum, formal (between Ministries and Divisions using separate filing systems); 

(4) semi-official letter, informal (to individuals in organisations outside Tuvalu and in other posts and departments); 

(5) telegrams, telex, faxes, and electronic mails; 

(6) Minutes, on files interleaved with other correspondence between officers using the same filing system. 

17.1.2 Addressing Correspondence 

Official correspondence should, according to the subject, be addressed by designation to one of the following: 

(1) Secretary to Government; 

(2) Secretary for Finance; 

(3) Attorney-General; 

(4) Secretaries; 

(5) Other Heads of Division as specified in GAOs. 

17.1.3 Outgoing Correspondence 

Outgoing correspondence from Ministries should issue in the name of the Secretary or Head of Department concerned, but Secretaries may authorise letters to be signed on their behalf. Classified correspondence should only be issued over the signature of the Secretary concerned. Matters relating to professional or technical matters may issue over the designation of the Head of Division. 

17.1.4 Routine Correspondence 

For the purpose of these GAOs, "official correspondence" does not include communications on minor or brief matters of routine administration (where personally addressed, brief memorandum or telephone call will normally suffice). 

17.1.5 Communications to Governor-General 

Communications should only be addressed to the Governor-General where they are for the Governor-Generals personal attention. 

17.1.6 Official Correspondence through Secretaries 

Official correspondence addressed to the officers listed in GAO 17.1.2 must be forwarded through the Secretary of the originator's Ministry. 

17.1.7 Authority for Correspondence 

Except for semi-official correspondence and telegrams, each communication should be signed by the originator on behalf of one of the officers listed in GAO 17.1.2. 

17.1.8 Correspondence on Behalf of Ministers 

Secretaries, when replying to correspondence on behalf of Ministers should state: 
"I am directed by the Minister to refer etc ..." and signed "Secretary". 

17.1.9 Formal Letter by Secretaries 

Where a Secretary wishes to write a formal letter conveying a decision of the Ministry the Secretary may write: 

"I am directed to refer to (subject of letter) and to say that…" and signed "Secretary". 

17.1.10 Correspondence Relating to Governor-General 

When the Secretary to Government is dealing with a matter which has been referred to the Governor-General e.g. in relation to staff not within the purview of the Public Service Commission, the Secretary should begin the letter: 

"I am directed by the Governor-General to refer and to inform you that…"or if the matter has been referred to the Governor General by the Public Service Commission, the Secretary should begin the letter: 

"I am directed by the Governor-General on the advice of the Public Service Commission, to inform you that..." and they will be signed for "Secretary to Government". 

17.1.11 Correspondence with Foreign Countries 

Correspondence with Foreign countries is normally conducted by the Secretary for Foreign Affairs. (Secretaries may correspond with their counter-parts in the Government of countries on professional matters which do not involve questions of policy). 

17.1.12 Semi-official Correspondence 

Semi-official communications may be exchanged with individual officers in the High Commissions of another country, with the prior approval of the Secretary to Government, on trade, professional or economic matters affecting Tuvalu's interest. 

17.1.13 Correspondence with Other Governments 

Correspondence, even of a routine nature, should not be initiated with other Governments except through the Secretary for Foreign Affairs, but the Secretary for Foreign Affairs may delegate the use of well established channels such as Regional Organisations of which Tuvalu is a member of on matters relating to development and economic affairs and where appropriate in other cases where multinational organisations are involved. 

17.1.14 Correspondence with the Public 

Correspondence with members of the public must be dealt with courteously and without delay. Copies of such letters shall not be communicated to other members of the public. 

17.1.15 Security Classification 

The priority and security classification should be inserted in the forwarded particulars section of the form but all those classified "restricted" and above will be sent in code in any case. Sufficient room must be left in the first line for insertion of the serial number and the classification which should be followed by the recipient's reference. 

17.1.16 Circular Memoranda 

Directives or information for general compliance will be issued in one of the following series which will be numbered consecutively commencing in January each year: 
Finance Circulars: By the Secretary for Finance, on financial or accounting matters, or conveying amended pages to Financial Instructions. 

Administrative: by the Secretary to Government on administrative or staff matters or conveying amended pages to GAOs. 

Ministry Circular: by the senior officer on other matters relating to a Ministry or Division. 

17.2 SECURITY OF OFFICIAL DOCUMENTS

17.2.1 Public Documents Not to be Disclosed 

Public officers are strictly forbidden to give any person information relating to the Public Service. No officer may without previously obtaining the written permission of the Secretary to Government make public, or communicate to the Press any documents, maps, minutes or information of which the officer may become possessed and the officer may not make copies of such documents or papers. 

17.2.2 Classified Correspondence 

Classified correspondence will be safeguarded in accordance with Security Instructions. The instructions provide that all classified communications will be transmitted in two envelopes. The inner envelope should show: 

(1) the security classification of the content; 

(2) the addressee; 

(3) the originator's file number; 

(4) the priority marking, if any. 

It should be sealed in such a way that it is impossible to open the envelope without damaging the seals or tearing the wrappers. Envelopes should be sealed with wax or by any other methods approved by the Government Security Officer. Wax seals must bear a clear imprint on thinly spread wax. The outer envelope should be addressed in the usual way and must not carry any security classification nor should it be waxed sealed. 

17.2.3 Security Classification 

There are four security classifications. These are, in the order of their importance: 

Top Secret 

Secret 

Confidential 

Restricted 

17.2.4 "Secret" and "Top Secret" 

The Classification "Top Secret" or "Secret" will be employed whenever a document is of such a nature that it is undesirable that its existence or contents should be known other than to those senior officers whose duties make such knowledge essential. 

17.2.5 "Confidential" 

The Classification "Confidential" will be used where any information or material requires security protection, but does not require the special precaution mentioned in GAO 17.2.3. (e.g. papers dealing with the consideration of Government policy, certain personnel matters including disciplinary recommendations and any matter which is restricted entirely to Government officers). 

17.2.6 "Restricted" 

The Classification "Restricted" is a similar classification to "Confidential" but can be used for document which are not restricted entirely to Government officers. 

17.2.7 Security of Classified Correspondence 

Confidential and secret correspondence or documents must always be kept separate from open correspondence and material and must be kept under lock and key. No reference to facts contained in secret or confidential correspondence shall be made in any open correspondence. 

17.2.8 Responsibility of Secretaries 

It is the responsibi1ity of Secretaries to ensure that no members of their staff other than officers designated for this purpose shall be in a position to see or handle confidential or secret documents. Classified correspondence must be opened by Secretaries and Heads of Divisions personally. 

17.2.9 Double Envelopes 

All Secret documents must be enclosed in two envelopes one inside the other. The inner envelope must be marked Secret or Top Secret as the case may be and addressed to the officer by name. The outer envelope must bear only the official address and title. Care should be taken to keep the inner envelope smaller than the outer envelope so that both envelopes are not opened at once. 

17.2.10 Inter-Office File Movements 

Care must be exercised to ensure that secret and confidential papers do not pass between offices except in sealed covers properly marked. 

17.2.11 Downgrading of Classified Correspondence 

Documents from other officers must not be declassified or downgraded without the approval of the originating office. 

17.2.12 Personal Affairs of Officers 

Decisions affecting an officer personally shall be conveyed to that officer in writing. Officers through whose hands such correspondence passes may not communicate the content to any person without instructions from the Secretary to a Ministry or the Secretary to Government. 

17.2.13 Opinion of Attorney-General 

The opinion of the Attorney-General on any matter should not be quoted as such and it must not be stated that it is the opinion of that person. Letters incorporating the advice of the Attorney General should be paraphrased but care must be taken not to lose the sense of that advice in the paraphrase. 

17.2.14 Use of Official Stamps and Seals 

Officers may not give an impression of any official stamp or seal to any private person, the use of such stamps or seals must be strictly confined to official requirements. 

17.2.15 Copies of Correspondence 

Officers may not take copies of communications and reports referring to themselves and any officer found in the possession of such information which has not been given to that officer by due authority, but which has been received by the officer in the course of the officer's duties, may be subject to disciplinary proceedings. 

17.2.16 Suspension for Security Infringements 

Whenever there is a prima facie breach of the foregoing security rules the officer concerned may be suspended from the performance of duties pending an investigation of the circumstances of the case. 

17.3 CONDUCT OF BUSINESS

17.3.1 Personnel Matters 

Personnel questions (other than those which are for the determination by the Public Service Commission) that may be resolved within the terms of General Administrative Orders will be dealt with by the Secretary in each Ministry except where a question of interpretation arises or a departure from existing policy or some matter of service-wide implications. Such matters will be referred to the Secretary to Government. 

17.3.2 Proposals Affecting More Than One Ministry 

Where proposals affect more than one Ministry Secretaries should ensure that the necessary drafts should be sent to the other Ministry for concurrence or for their views. A record should be made that the necessary consultation has taken place, the points at issue and the conclusions reached. 

17.3.3 Interviews with Ministers 

Where a Minister grants an official interview with a departmental officer or with official visitors a short note of the interview wil1 be made, but conversations with a Minister on official matters must not be quoted in official correspondence unless the written record of conversations has been confirmed. 

17.3.4 Telephone Calls 

Officers answering telephone calls must immediately identify themselves. Matters which can be properly disposed of by telephone or discussion should not form the subject of correspondence, but a record should be made of important decisions. 

17.3.5 Telephones Not for Private Use 

Office telephones are for the public business of Government and may not be used for private purposes. Officers making improper use of Government telephones are liable for disciplinary action. 

17.3.6 Incoming Mail 

Incoming mail should be seen and initialled by the Secretary to the Ministry or Head of Division immediately on receipt. 

17.3.7 Subject and Reference Quoted 

The subject of any communication must be briefly stated as a heading to it and reference must be quoted, where the subject relates to previous correspondence the previous reference must be quoted. 

17.3.8 Communications Within Government 

(1) Communications within Government should be as concise as possible but not so as to necessitate a request for further information to clarify the letter or memorandum. 

(2) Communication should so far as possible be confined to a single subject. Paragraphs should be numbered consecutively and each page must be numbered. Where more than one subject is dealt with additional copies should be provided according to the number of subjects. 

(3) Enclosures should be noted in the margin. 

CHAPTER 18 - FILING AND RECORDS

18.1 GENERAL

18.1.1 Responsibility for Filing 

Secretaries are responsible for the maintenance of efficient filing and records systems in accordance with the manual of registry procedures. 

18.1.2 Registries 

Files on correspondence are maintained in separate registries in respect of the following portfolios: 

(1) Office of the Prime Minister: - Foreign Affairs Labour and Immigration, Legal Affairs, Judiciary, Police, Personnel and Training, Audit and Parliament. 

(2) Natural Resources: - Agriculture, Fisheries, Lands and Survey, Environment, and Energy. 

(3) Home Affairs: - Local Government, Town and Urban Planning, Women, and Youth. 

(5) Health: - Health. 

(6) Works, Communications and Transport: - Public Works Division, Transport Services, and Meteorological Services. 

(7) Finance and Economic Planning: - Treasury, Customs Administration, Economic Planning. 

(8) Education, Sports and Culture: - Education, Sports, and Culture. 

(9) Tourism, Trade and Commerce:- Tourism, Trade and Commerce. 

Files on subjects covered by the Registry will not be opened except by the Registry Officer on the instruction of the Secretary or Head of Division. 

18.1.3 Files Series 

Fi1es series shal1 be supervised by Registry Officers who shal1 have responsibility for 

(1) maintaining an up-to-date file index; 

(2) numbering and designation of files; 

(3) creation of new files and opening of new parts of files. 

18.1.4 Responsibility for Subjects 

Administrative Officers and Heads of Divisions responsible for the subjects designated on files shall: 

(1) ensure that one subject only is dealt with on a file and inform the Registry Officer as soon as it is apparent that there is more than one subject so that a new subject file can be opened; 

(2) ensure that papers are being filed in reasonable and orderly fashion (internal minutes should be interleaved in chronological order with other correspondence) and report any shortcomings in this respect to the Registry Officer; 

(3) record file movements correctly in the transit ladder. 

18.1.5 Files to be Kept in Ministries 

Files may not be passed out of the offices served by the file series unless it is impossible for the information to be conveyed to the other Ministry or addressee by memorandum as prescribed in GAO 18.1.2. Where it is considered necessary that a file should leave the Ministry, a request for this shall be passed by minute on the record of movement of the file in a register to be kept of the movement of files between Ministries. 

18.1.6 Personal Files 

Where necessary open and confidential personal files may be kept in all Ministries and Divisions. 

18.1.7 Transfer of Personal Files 

Where an officer is transferred between Ministries or Divisions it is the responsibility of the Secretaries to ensure that the Ministries and Divisional personal files are transferred to the receiving Ministries and Divisions. This applies equally to officers employed in the Central government office. Files of the Office of the Prime Minister will not be transferred with the officer. 

18.1.8 Private Affairs Treated with Discretion 

Matters of personal concern or affecting an officer's private affairs shall be treated with discretion and in the strictest confidence at all times. Officers shall not be allowed access to their personal files, but may be given copies of unclassified correspondence. 

18.1.9 Destruction of files 

No files may be destroyed except in accordance with the Public Records Act. Fi1es shall not be destroyed without the prior approval of the Secretary to the relevant Ministry. Papers which are or may become of historical or scientific interest, and any documents which contain important rulings or decisions shall be permanently preserved. These shall include: 

(1) reports concerning anthropological surveys and studies, historical customs, technical subjects, development schemes and scientific and other similar investigations; 

(2) legal, lands and other registers, evidence books including death and fire enquiry books, information and similar documents relevant to criminal proceedings, divorce papers, civil court documents and registers, cause books, and any council or court registers; 

(3) annual divisional reports and any other divisional documents likely to be of permanent interest; 

Law books and journals may not be destroyed without the authority of the Attorney-General. 

18.1.10 Procedures for Destruction 

The preservation and destruction of Government documents are regulated by the following rules: 

(1) No correspondence or document shall be considered for destruction before it is five years old. 

(2) Any file over five years old that is ready to be permanently filed, shall bear a direction by a Senior officer in the responsible Ministry or Division that it shall be: 

(a) preserved because of its continuing value to the Ministry or Division; 

(b) destroyed at once; 

(c) destroyed on a stated date if there is no further action on the file. 

(3) If a file is retained in accordance with section (2)(a) it shall be kept for fifteen years from the date of its creation and shall then be considered retained by the Secretary of the Ministry concerned. 

18.1.11 Record of Files Destroyed 

A record shall be kept of all files or other records destroyed, and the relevant date of destruction. 

18.1.12 Files for Archives 

Records which are no longer in use and are to be preserved shall be transferred to Archives. 

18.1.13 Correspondence Produced in Court 

No Ministerial minute, memorandum, letter or other item of correspondence of a secret or confidential nature may be produced as evidence in a court of law without the prior approval, in writing, of the Secretary to Government. Before approving the production of the document in any court proceeding, the Secretary to Government shall first obtain the advice of the Attorney-General. No opinion of a legal officer may be quoted to a private person. 

18.2 THE FILING SYSTEM IN THE PUBLIC SERVICE

18.2.1 Description of Files 

The "Book" type of file is to be used. This means that papers are inserted in a cover chronologically, like pages in a book, from left to right. Each side of paper written on wi11 be given a page number (except in the case of lengthy attachments, the pages of which may be numbered separately), and the papers will be known as "pages". Correspondence between officials of the same Ministry will be on Minute sheets but the Minute sheets will become pages in the file in the same way as other papers. When correspondence is inserted, a line should be drawn under any reference to another page and that page number inserted alongside the reference. 

18.2.2 Titles 

Files should be intelligently titled to ensure that it is plain what pages should go into the file. Titles should be unambiguous mutually exclusive and the principle of "one file, one subject" should be observed. The whole of that subject should go into the file. Where a paper is of interest to more than one file, a copy of it should be put on the other files, with clear cross-referencing "Miscellaneous" or General files should never be used. 

18.2.3 Splitting Files 

When a new subject develops in a file and pages have to be removed to a new or existing fi1e, the pages in the original fi1e should not be re-numbered, unless it is a very small file, since failure to alter cross-references can cause confusion. The normal procedure should be for small piece of paper to be inserted in place of the pages removed and recording "pages 20-25 removed to pages 5-10 in file No:..................... on..................... (Subject)" and initialled and dated by the officer removing the pages concerned. 

18.2.4 Classification and Reference Numbers of Files 

It is necessary to evolve a system of classification of papers or to put it more simply, grouping like with like. The various parts of the classification will have an identifying number or letter which together will make up the reference number of the file. 

The system of classification and numbering most suitable is a three part number reference. The first part will represent the Government Ministry or Division, the second a broad group of the work of that Ministry or Division and the third a detailed aspect of the work. 

18.2.5 Departmental Reference 

Each Ministry or Division will be known by a two or three letter abbreviation of its title. A list of abbreviations to be used as a guideline is given at Appendix 18A 

18.2.6 Group Classification 

The work of most Ministries will fall into several reasonably well defined main groups or categories. These groups must be described by a word, or in most cases, a group of words or a phrase. The correct description of the groups is the key to the success of the whole filing system. 

(1) The word or phrase describing the group should not be so broad or all embracing that anything could go into it. The descriptions must be mutually exclusive and not overlap one another. 

(2) Each Ministry should have its own names for groups. It is advisable not to use the classification of another Ministry since work has a different emphasis in different Ministries. 

(3) No system is completely fool-proof, and quite reasonable options will present themselves. It is therefore necessary to weigh up which is the best course to take. 

(4) If the file title does not fall into an existing group naturally, a new group should be created. There is no limit to the number or the size of groups. A group can have as few as one file in it or it can have thirty or forty or more. 

(5) The group will be given a number and this will form the middle part of the reference. Each Ministry or Division will compile its own list of group numbers. In some cases file registries have introduced a sub-group thereby making a four group file reference number. It is considered that this is not necessary and that most subgroups could be conveniently treated as a full group. 

18.2.7 Individual File Number 

Each file within the group will be allocated a number. If there is a policy file on the subject it is preferable but not essential, that is should be the first number in the group. 

18.2.8 Personal Files 

All personal files will be numbered in accordance with the personal files numbering from the Office of the Prime Minister. For new personal files the registry clerk should check with the officer in charge of the registry section of the Office of the Prime Minister as to the numbering. The Office of the Prime Minister should maintain an alphabetical index of such files and a numerical list to ensure that the numbers are awarded in sequence. 

18.2.9 Appearance of Files 

The file cover will be of stout buff cardboard or manila with a gusset. The name of the Government Ministry or Division should be printed at the top. The "third" or "back" cover should not be used except for (a) drafts, (b) a pocket, (e.g. for maps or booklets) or (c) spare copies of papers in the file (which should be removed at regular intervals when no longer required). Pins and paper clips should always be removed. 

18.2.10 Movement of files 

All movement of files should be written either on the front cover in the space provided or in bold lettering on the last page of the file, e.g. "P.A., (Put away), or "B.U." (Bring up). Ministries and Divisions may adopt either system. Registry clerks must initial and date any "B.U." thus certifying that the instruction has been noted. It is important to remember that it is the last entry on the last page on the file that is the operative minute whether it is a recommendation minuted upwards, on a letter or on a separate minute sheet, or an instruction down-wards. 

18.2.11 Verification of Action Taken 

A "P.A." or a "B.U." at the end of action can be a vitally important entry; no officer should make such an entry unless he has verified that all action on the file has been completed, not merely the action immediately undertaken because there may be some other subject uncompleted in the file. All entries "P.A." or "B.U." must be initialled by the officer making it. 

18.2.12 File Records 

The object of records is to identify papers so that they can be found easily without relying on memory. The dangers are that too many records will be kept thus wasting time or that too few will be difficult. A worse danger is that records will be kept badly and will be unreliable and misleading. 

18.2.13 B.U. Diary 

A diary should be kept for the purpose of ensuring that files are brought up on the necessary date. The number of the file should be shown in the appropriate space for the date the file is needed. The Registry Clerk should go through the diary every morning. Files for "B.U." should also be kept in the normal filing cabinets. It leads to confusion to keep them in separate places. 

18.2.14 Incoming Correspondence 

Most larger Ministries or Divisions will need to keep a record of in-coming correspondence. A single record only needs to be kept in book form. 

The book or register will show: 

(1) date received; 

(2) from whom; 

(3) type (letter, memorandum, telegram, etc.); 

(4) subject (which should be an intelligent précis of the matter dealt with); 

(5) reference; 

(6) file number; and 

(7) action taken. 

18.2.15 Outgoing Correspondence 

(1) A record of outgoing correspondence is not so necessary as the record of incoming correspondence since the outgoing correspondence will be available on the file and in circulating copies of letters. However, a simple record showing the date sent, the subject, the addressee and the sender's file number may be useful. 

(2) Particular care should be taken to retain a record of items which have a security classification or contain items of value, to ensure that there is proof of dispatch by the messenger and signature of the recipient. 

18.2.16 Review of O1d Fi1es 

All old files should be reviewed for the following purposes: 

(1) renumbering if necessary; 

(2) to ensure titles are accurate; and 

(3) to ensure the contents are relevant. 

All files should be reviewed from time to time in order to dispose of papers and files that are no longer required. 

APPENDIX 18A

CODE LETTERS FOR GOVERNMENT MINISTRIES AND DIVISIONS FOR FILE NUMBERING

Office of the Prime Minister 	OPM 	
Attorney-General 	LEG 	
Police 	POL 	
Parliament 	PAR 	
Audit 	AUD 	
Tuvalu High Commission 	THC 	
Local Government 	LOG 	
Broadcasting and Information Services 	BIS 	
Governor-General Office 	GGO 	
Labour	 LAB 	
Judiciary 	JUD 	
Lands and Survey 	LSD 	
Agriculture 	ADV 	
Cooperatives	 COD 	
Ministry of Finance 	FIN 	
Development 	DEV 	
Customs 	CDV 	
Stores 	GSK 	
Post Office 	GPO 	
Statistics 	STA 	
Ministry of Health 	MH 	
Ministry of Education 	MEDU 	
Medical 	MED 	
Youth and Welfare 	YWO 	
Library and Archives 	LIB 	
Maritime School 	TMS 	
Ministry of Works, Transport and Communications 	MWTC 	
Public Works 	PWD 	
Meteorology	 MET 	
Telecommunications 	GTC 	
Travel 	TRV 	
Electricity 	ECT 	
Marine	 MAR 	

CHAPTER 19 - BUILDINGS

19.1 FIRE PRECAUTIONS AND KEYS

19.1.1 Responsibility for Fire Precaution 

Secretaries are responsible for adequate fire precautions in public buildings under their charge. An officer shall be designated as fire officer in respect of each building or group of buildings. The officer so designated shall prepare instructions for fire drills so that all members of staff concerned are conversant with it. The officer shall also ensure that all fire fighting equipment is both adequate for emergency use and is maintained in proper working order. Fire officers should not hesitate to seek the advice of the Commissioner of Police regarding fire dril1s, and the Director of Works regarding the safety of public buildings. 

19.1.2 Shared Buildings 

Where Buildings are shared by more than one Ministry the fire officer will be appointed by the officer in charge of the Ministry occupying the greater part of the building, subject to consultation with all other ministries concerned. 

19.1.3 Fire Extinguishers 

All Government quarters will be provided with fire extinguishers either individually or in groups in accordance with the advice of the Director of Works. The Director of Works shall be responsible for the provision and maintenance of fire extinguishers. 

19.1.4 Fire Fighting Equipment 

Fire fighting equipment shall, as far as possible, be of a standard type unless fire risks in a particular case are of a special type. Where chemical extinguishers are not available, fire buckets shall be provided, which shall be painted red and filled with sand. Axes should be placed in positions convenient for ready use. The requisite materials should be available so that all extinguishers may be re-charged as necessary. 

19.1.5 Airport Fire Service 

The Airport Fire Service should be called immediately in case of fire whether there are fire extinguishers available for use or not. 

19.1.6 Keys for Building 

Any keys or duplicate keys of bui1dings or offices shall be obtained only through the Public Works Division. The Director of Works will be responsible for ensuring that the request is reasonable and has been duly authorised. 

19.1.7 Custody of Spare Keys 

Spare and duplicate keys of safes, strong boxes and strong rooms other than those used for the storage of classified materials shall be deposited with the Secretary for Finance, in sealed and labelled envelopes. Copies of safe combinations will be similarly deposited. A return of safes, strong boxes and strong rooms shall be made to the Secretary for Finance, on lst January each year, showing the type, make, maker's reference number and disposition. 

19.1.8 Register of Keys 

Secretaries shall keep a register of all keys in their Ministries. Officers taking personal possession of keys shall acknowledge receipt by signature in the register. 

19.1.9 Duplicate Keys of Cabinet 

Duplicate keys of filing cabinets shall be kept in a safe manner as directed by Secretaries. 

19.1.10 Loss of Keys 

The loss of any key shall be reported immediately to the relevant Secretary. An officer who loses a key for which that officer is responsible will be required to pay the cost of any replacement key or new lock, unless that officer can satisfactorily establish that the loss did not arise from the officer's negligence. 

19.1.11 Keys in Government Administration Building 

The respective Secretaries shall be responsible for the safe keeping of keys for the Administration Building in the areas allocated to their charge. 

19.1.12 Safe Combinations 

Where a safe or strong box containing cash is opened by a combination device the officer responsible for that safe shall ensure that a copy of the combination sealed in a double envelop is lodged with the Secretary for Finance, every time the combination is changed. 

19.2 MAINTENANCE OF OFFICES AND EQUIPMENT

19.2.1 Security of Buildings 

Secretaries and Heads of Divisions are responsible for ensuring that all public buildings under their charge are secure against theft or damage and are as far as practicable, hurricane proof. All doors, windows, etc. should be made secure on notification of a hurricane warning or other emergency. 

19.2.2 Secretaries to Nominate Officers 

Secretaries are responsible for allocating to an officer in each Division of the Ministry the duty of periodically inspecting the public buildings which are in their charge and reporting to the Secretary any defects or damage observed or which are at any time brought to that officer's notice. 

19.2.3 Responsibility for Maintenance 

The responsibility for maintaining all Government buildings is vested in the Ministry of Works whose duty it is to repair all damage to property chargeable to public funds including that which occurs through fault or neglect on the part of the authorized occupier. Officers will be personally liable for damage caused by their own negligence. 

19.2.4 Cleaning of Offices and Buildings 

Secretaries will ensure that arrangements are made in every Government building under their charge for the proper cleaning of the woodwork, the removal of dirt and cobwebs, the oiling of locks and bolts, for sweeping and dusting, and for maintaining in neat and orderly condition all outbuildings and surrounding grounds. 

19.2.5 Inspection on Taking Over Buildings 

Before or immediately after any Government building is occupied, an officer designated by the Secretary of the Ministry concerned will call for the keys of the building and report to the Public Works Division any defect or damage. 

19.2.6 Director of Works to Authorise Repairs 

No repairs, alterations, additions or improvements to official premises may be undertaken at public cost without the authority of the Secretary for Works. 

19.2.7 Procedure for Repairs 

Where repairs, alterations, additions or improvements to official premises are desired, the Secretary of the Ministry concerned (or the Head of Division, where appropriate) will apply to the Ministry of Works stating the requirements in detail and fully explaining the necessity or desirability of the proposed work. 

19.2.8 Procedure for New Furniture and Equipment 

As soon as possible after the National Budget have been approved Secretaries must notify the Secretary for Works of their requirements for new items of furniture and equipment or of necessary repairs to furniture and equipment, in their offices. Indents for equipment will be submitted where necessary. Each item of furniture must be shown separately, together with the estimated cost of the item or repairs. 

In the case of new items, it must also be stated whether they are additional to items on the inventory and, if so, the purpose for which they are required. If the new items are replacement items, Secretaries must certify that the items which they are to replace are of no further use, and this must be confirmed by the Housing Officer. 

19.2.9 Maintenance of Office Machines 

It is the duty of officers who use computers, typewriters, accounting machines, and adding and calculating machines, to ensure that they are kept properly cleaned, oiled and in good working condition, and to report promptly the need for any repairs to these machines. Officers will be held liable for damage to office machines caused by negligence on their part. 
Page 192 2008 Revised Edition 

_____________
ENDNOTES 
1 LN 6/2000 
Amended by LN 5/2003, commencement 7 April 2003 
Amended by LN 9/2003, commencement 1 January 2003 
Amended by LN 2/2007, commencement 13 July 2007 (date of publication)
2 Cap 40.28
3 Amended by LN 2/2007
4 Amended by LN 9/2003
5 Amended by LN 4/2007
6 Amended by LN 2/2007
7 Amended by LN 5/2003
8 Amended by LN 5/2003
9 Amended by LN 2/2007
10 Amended by LN 5/2003
11 Amended by LN 2/2007
12 Amended by LN 5/2003
13 Inserted by LN 5/2003