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General Information
 
The Public Service Commissioner is established by article 73 of the Cook Islands Constitution and enforced by section 4 of the Public Service Act 1995/96. Furthermore, section 2 of the Public Service (Identification of Departments) Order 2000/10 gave recognition to the Office by identifying it as a department of government.
 
Section 5 of the Public Service Act set out the functions of the Public Service Commissioner.

  • Reviewing the machinery of government.
  • Investigating any dispute between an employer and an employee and making a recommendation as to how a dispute should be settled;
  • Ensuring the completion and compliance with heads of departments employment contracts, and performance agreements;
  • Advising classification or levels of salary in accordance with section 46 of the PS Act.
 

The Office of the Public Service Commissioner (OPSC) is one of the central agencies of government with a focus in ensuring that the Public Service as a whole is effective and efficient in the delivery of its services therefore achieving government’s overall objectives. OPSC does this by monitoring assessing and supporting the ministries in their endeavor to deliver their results.

Therefore, the success of the whole Public Service is very much dependent on how effective OPSC carries out its monitoring, evaluation and supporting role. Failing that, the whole public service fails.

 
OPSC Staff
 
Public Service Commissioner: Tonumaivao Navy Epati
Chief Executive Officer: Russell Thomas
Senior Performance Analyst: Carmen Temata
Performance Analyst: Dorothy Pokura
Poko Heather-Rongo
Finance/Admin Officer: Lydia Framhein
Commissioners Assistant: Gloria Rarere
 
OPSC Services
 
Chief Executive Officer (CEO)
 
Responsible:

 

  • Overall operations of the Office
  • Support the functions and role of the Public Service Commissioner
 
Management Unit
 
Senior Performance Officer, Performance Analyst
 
  • Manages Heads of ministries/Secretary of Island Administrations (HOMs/SIAs) contracts and Performance Agreements.
  • Assessment of HOMs/SIAs management and financial performances.
  • Facilitate HOMs/SIAs capacity/skills developments.
  • Support Services.
  • Facilitate the Public Sector Technical Fund (PSTAF)
 
Administration Unit
 
Finance Administration Officer, Private Secretary
 
  • Finance
  • Secretarial work
  • NZ superannuation scheme
  • Records and Files management
 
OPSC 06/07 BUSINESS PLAN
 
Objectives:
 
  • Good Governance
  • Good Employer
 
Results:
 
  1. Signed contracts
  2. Appointment of qualified and skilled HOMs/SIAs
  3. Signed performance agreement (pa)
  4. Complete all performance reviews, assessments, visits, interviews of all HOMs/SIAs
  5. Accountability through stringent monitoring of ministries/island administration operations
  6. All willing government ministries and agencies are competent in the PARC process
  7. PSTAF project proposals are accepted by PSC
  8. Partnership programme promoted and facilitated
  9. Timely, accurate financial reporting to MFEM
  10. Keeping all GSF members well informed
  11. Audit reports are followed up by OPSC
  12. Professional & competent HOMs/SIAs
  13. Effective, efficient, accurate, timely processing of queries, information on job sizing
  14. Disputes settled amicably
  15. Information is disseminated efficiently.
  16. Well informed government, public sector and the community
  17. Exercise authority by addressing HOMs/SIAs non compliance with their contract, performance agreement, policies and lawful instructions from their superiors
  18. Relocation policy administered fairly
 
Vision
"Leading the Public Service”
 
Standards
 
  1. All work related correspondence to be addressed to either the Public Service Commissioner or the Chief Executive Officer
  2. Written queries to OPSC will be responded within three working days
  3. Disputes resolution between employer and employee must be completed within a month from the date of receipt
  4. Superannuation queries will be responded immediately, provided the information is with OPSC. Otherwise information will be sought from New Zealand AXA Superannuation Head Office, Wellington. Responses may take up to 10 working days.
  5. Job Sizing queries will be dealt with immediately through the process of evaluation and approvals. This may take up to 10 working days.
  6. Complaints against the services of the Office of the Public Service Commissioner is to be made
    in writing to the Chief Executive Officer.
 
Location:
 
 
Contact Details:
 

Office of the Public Service Commissioner
PO Box 24
Rarotonga
Cook Islands

Phone: (682) 29-421
Fax: (682) 21-321

Email:

Commissioner epati@psc.gov.ck
Chief Executive Officer russell@psc.gov.ck

 

PUBLIC SERVICE LEAVE ENTITLEMENTS POLICY

Authority: CM (02A) 415 Date: 12th July 2002

ANNUAL LEAVE

1.0 Application

This section applies to permanent staff only, except those employed in schools.

1.1 Annual Leave Entitlement

1.1.1 Annual leave entitlements for employees shall be determined by the Head of Ministry based on years of service in government and/or the position held within the Ministry. The three categories of entitlement are:

(a) 10 working days for employees who have served less than 5 years and/or holding junior positions.
(b) 15 working days for employees who have completed 5 years of service and/or holding intermediate positions
(c) 20 working days for employees who have completed 10 years of service and/or holding senior positions.

1.1.2 No Annual Leave entitlement shall exceed the maximum 20 working days.

1.1.3 Subject to clause 1.1.4, the leave year begins on 01 July and ends on 30 June of the following year.

1.1.4 Where a person has been employed by way of contract that person’s leave year shall begin on the date the contract comes into force and on the date it ends.

1.2 Annual Leave: New Appointees

Employees in their first year of service may be granted proportionate annual leave for time worked. For example, an employee after six month’s service could be granted half of his/her leave entitlement

1.3 Approval to carry annual leave forward

1.3.1 At the end of the leave year, where an employee has not used his/her total leave entitlement, the employee shall seek and obtain the approval of his/her Head of Ministry to carry up to half of the balance of his/her annual leave forward to the next leave year. The maximum number of days a Head of Ministry may approve annual leave to be carried forward shall not exceed 50% of the employee’s total annual leave entitlement. The Head of Ministry may exercise one of the following options in approving the carrying forward of the employee’s unused annual leave –

(a) the carrying forward of the employee’s unused annual leave not exceeding 50% of the total annual leave entitlement; or

(b) the carrying forward of 50% of the employee’s unused annual leave and paying out to the employee, the remaining 50% of the employee’s unused annual leave.

1.3.2 Where the Head of Ministry has approved the carrying forward of unused annual leave into the next leave year, such leave must be used within that year and if it is not used within that year, it shall be forfeited. The carried forward Annual Leave to the next leave year cannot be accrued in subsequent leave years.

1.4 Leave to be taken at the discretion of Head of Ministry

Annual leave may only be taken with the approval of and at such times as an employee’s Head of Ministry authorises.

1.5 Head of Ministries taking annual leave

Head of Ministries when taking annual leave must consult with their respective Ministers first and advise the Public Service Commissioner. Advice of leave taken is to be incorporated into the respective Ministry’s leave records.

MATERNITY LEAVE

2.1 Up to six weeks on full pay shall be allowed to female staff for maternity leave.

2.2 Where additional leave is necessary, this may be taken from the employee’s other leave entitlements. If there is no other leave remaining, then this is taken as Special Leave without pay. A medical certificate will be required under this proviso.

2.3 The relevant details of the type of leave under this section must be indicated on the Ministry’s leave records.

PATERNITY LEAVE

3.1 The Head of Ministry may grant up to 3 days on full pay to any male employee who
is required to stay home to look after his under-school-age children because of his
wife’s/defecto’s admission to hospital to give birth.

3.2 Where additional leave is necessary, the Head of Ministry may consider Compassionate Leave. If there is no other leave remaining, then this is taken as Special Leave without pay. A medical certificate will be required under this proviso.

SICK LEAVE

4.0 Application

This section applies to permanent employees only.

4.1 Sick leave entitlement

4.1.1 Sick leave on pay entitlement shall be 10 working days during each leave year beginning 01 July and ending on 30 June of the following year.

4.1.2 This sick leave is not accumulative and cannot be carried forward.

4.2 Sick leave not to be interspaced with annual leave

No employee may interspace any period of sick leave with annual leave.

4.3 Notification to Ministry

Where for reasons of sickness employees cannot attend at their place of employment at the time appointed, they must notify their Controlling Officer on the day of absence.

4.4 Medical certificate

Where absence on sick leave extends beyond two consecutive days, employees must produce to their Controlling Officer, a medical certificate stating the probable period of absence. The certificate is to be signed by a registered medical or dental practitioner.

4.5 On leaving the Service

No unused sick leave shall be paid on leaving the employment of government whether by retirement, resignation or termination.

4.6 Compassionate Leave.

The Head of Ministry may grant compassionate leave with or without pay up to a maximum of 30 days to any employee where the employee has used up his or her annual leave entitlement or sick leave entitlement, where –

(a) in circumstances resulting from accident or illness –
(i) the employee requires extensive or specialised medical treatment;
(ii) a member of the employee’s immediate family including spouse, children or parents requiring special care or treatment and the employee is required to assist or travel with that person;

(b) a female employee has lost a child due to a miscarriage or still-birth;

(c) a male employee has used up his Paternity Leave;

(d) there has been a fire, flood, cyclone or other act of God whereby the employee’s place of residence is damaged or destroyed and the employee requires time off to fix or address the damage.

SPECIAL LEAVE

5.1 Study & Examination Leave

The Head of Ministry may grant this leave to an employee on full pay, providing that the studies and examinations are work-related.

5.2 National Representation Leave

5.2.1 The Head of Ministry may grant Special Leave on Pay to an employee who is selected to represent the Cook Islands at an international event.

5.2.2 An international event referred above shall only include;

a) World Championships in any sport recognised by CISOA
b) Olympic Games
c) Commonwealth Games
d) South Pacific Games
e) South Pacific Arts Festival

5.2.3 Leave granted under this section shall not exceed 20 working days in each leave year.

5.3 Inter – Island Leave -CM(06)209 (11th April 2006)

The Head of Ministry or Secretary of Island Administration may grant Special Leave with or without Pay to any employee selected as a member of an Island Group travelling to Rarotonga OR any other island;

I. to participate in the National Constitution Celebration activities;
II. any sports activities recognised by CISNOC
III. including Church Conferences as part of this leave entitlement
IV. the above leave must be restricted up to 10 days only, if on Leave with Pay

5.4 Bereavement Leave

The Head of Ministry may grant Special Leave on Full Pay of up to 5 working days and an additional 2 working days where overseas travel is required, to an employee where any member of the immediate family of that employee dies. Immediate family covers the following:

Spouse, Children, Parents, Brother, Sister, Grandparents, Grandchildren, Spouse’s parents and siblings.

6.0 LEAVE WITHOUT PAY

6.1 The Head of Ministry may grant Leave without Pay to an employee who applies for such leave.

GENERAL PROVISIONS

7.0 Service Entitlement

At the completion of each three consecutive years service within a Ministry, employees shall be paid a Service Payment, equivalent to one fortnight's salary.

7.1 Disciplinary Action

If an employee fails to return to his or her place of employment on the date he or she is due back at work after taking any approved leave, the Head of Ministry may then proceed with appropriate disciplinary action up to and including dismissal.