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Accountability and Transparency Commission
121.—(1) This section establishes the Accountability and Transparency
Commission.
(2) The Commission 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 Commission must be a person who is, or is qualified to
be appointed as a Judge.
(4) The members of the Commission 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 Commission during any period or during all periods, when there is a
vacancy in the membership of the Commission or when a member is absent from duty or
from Fiji or is, for any reason, unable to perform the functions of office.
(6) The members of the Commission 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.
(7) The procedure for removal of the members of the Commission from office shall
be the same as the procedure for removal of a judicial officer under section 112.
(8) The authority, functions and responsibilities of the Commission shall be
prescribed by written law, and a written law may make further provisions for the
Commission.
(9) A written law shall provide the Commission with the jurisdiction, authority
and powers to receive and investigate complaints against permanent secretaries and all
persons holding a public office.
(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 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.
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