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Part B—INDEPENDENT JUDICIAL AND LEGAL INSTITUTIONS
Independent Legal Services Commission
114.—(1) The Independent Legal Services Commission established by the Legal
Practitioners Decree 2009 continues in existence.
(2) The Commission shall consist of a Commissioner, who is, or is qualified to be
appointed as a Judge.
(3) The Commissioner shall be appointed by the President, on the advice of
the Judicial Services Commission following consultation by the Judicial Services
Commission with the Attorney-General.
(4) The Commissioner 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 the Commissioner during any period or during all periods, when the office of the
Commissioner is vacant or when the Commissioner is absent from duty or from Fiji or
is, for any reason, unable to perform the functions of office.
(6) The Commissioner may be removed from office for inability to perform the
functions of his or her 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 Commissioner 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) In the performance of his or her functions or the exercise of his or her authority
and powers, the Commissioner 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.
(10) The Commissioner 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.
(11) 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.
(12) The Commission shall provide regular updates and advice to the AttorneyGeneral on any matter relating to its functions and responsibilities.
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