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(8) The members of the Commission referred to in subsection (2)(b) may be
removed from office for inability to perform the functions of office (whether arising
from infirmity of body or mind or any other cause) or for misbehaviour, and may not
otherwise be removed.
(9) The procedure for removal of the members of the Commission referred to in
subsection (2)(b) from office shall be the same as the procedure for removal of a judicial
officer under section 112.
(10) In the performance of its functions or the exercise of its authority and powers,
the Commission shall be independent and shall not be subject to the direction or control
of any person or authority, except by a court of law or as otherwise prescribed by written
law.
(11) The members of the Commission referred to in subsection (2)(b) shall be
entitled to such remuneration as determined by the President acting on the advice of
the Judicial Services Commission following consultation by the Judicial Services
Commission with the Attorney-General, and any such remuneration must not be varied
to their disadvantage, except as part of an overall austerity reduction similarly applicable
to all officers of the State.
(12) The Commission may regulate its own procedure and may make such rules and
regulations as it deems fit for regulating and facilitating the performance of its functions.
(13) The quorum for the meetings of the Commission shall consist of the chairperson
and 2 other members.
(14) The Commission shall provide regular updates and advice to Parliament on
any matter relating to its functions and responsibilities.
Public Service Disciplinary Tribunal
120.—(1) This section establishes the Public Service Disciplinary Tribunal.
(2) The Tribunal shall consist of a chairperson and 2 other members, appointed by
the President, on the advice of the Judicial Services Commission following consultation
by it with the Attorney-General.
(3) The chairperson of the Tribunal must be a person who is, or is qualified to be
appointed as a Judge.
(4) The members of the Tribunal shall be appointed for a term of 3 years and shall
be eligible for re-appointment.
(5) The President may, on the recommendation of the Judicial Services Commission
following consultation by it with the Attorney-General, appoint a person to act as a
member of the Tribunal during any period or during all periods, when there is a vacancy
in the membership of the Tribunal or when a member is absent from duty or from Fiji or
is, for any reason, unable to perform the functions of office.
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