|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.
|Public Service Commissioner:
||Tonumaivao Navy Epati
|Chief Executive Officer:
|Senior Performance Analyst:
|Chief Executive Officer (CEO)
- Overall operations of the Office
- Support the functions and role of the Public Service Commissioner
|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)
|Finance Administration Officer, Private Secretary
- Secretarial work
- NZ superannuation scheme
- Records and Files management
|OPSC 06/07 BUSINESS PLAN
- Good Governance
- Good Employer
- Signed contracts
- Appointment of qualified and skilled HOMs/SIAs
- Signed performance agreement (pa)
- Complete all performance reviews, assessments, visits, interviews
of all HOMs/SIAs
- Accountability through stringent monitoring of ministries/island
- All willing government ministries and agencies are competent
in the PARC process
- PSTAF project proposals are accepted by PSC
- Partnership programme promoted and facilitated
- Timely, accurate financial reporting to MFEM
- Keeping all GSF members well informed
- Audit reports are followed up by OPSC
- Professional & competent HOMs/SIAs
- Effective, efficient, accurate, timely processing of queries,
information on job sizing
- Disputes settled amicably
- Information is disseminated efficiently.
- Well informed government, public sector and the community
- Exercise authority by addressing HOMs/SIAs non compliance with
their contract, performance agreement, policies and lawful instructions
from their superiors
- Relocation policy administered fairly
|"Leading the Public Service”
- All work related correspondence to be addressed to either the
Public Service Commissioner or the Chief Executive Officer
- Written queries to OPSC will be responded within three working
- Disputes resolution between employer and employee must be completed
within a month from the date of receipt
- 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.
- Job Sizing queries will be dealt with immediately through the
process of evaluation and approvals. This may take up to 10 working
- Complaints against the services of the Office of the Public
Service Commissioner is to be made
in writing to the Chief Executive Officer.
Office of the Public Service Commissioner
PO Box 24
Phone: (682) 29-421
Fax: (682) 21-321
Chief Executive Officer firstname.lastname@example.org
PUBLIC SERVICE LEAVE ENTITLEMENTS
Authority: CM (02A) 415 Date: 12th July 2002
This section applies to permanent staff only, except those employed
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
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.
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
2.3 The relevant details of the type of
leave under this section must be indicated on the Ministry’s 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
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.
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.
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
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
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.
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
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.