74

Article 74 bys 4 of the Constitution Amendment (No 2) Act 1968-69 (Cl) The words "Prime Minister" were s11;bstituted for the word ''Preinter" in oubcl (2) bys 3(3) of the Constitution Amendment (No 9) Act 1980-81 (CI) Constitution 201 [Removal from office· of Public Service Commissioner 74A (1) The Public Service Commissioner may be suspended ox removed from office in accordance with the following provisions of this .Article and not otheiwise, (2) The [[Queen's Representative]], acting on the advice of the [[Prim(:) Minister]], may suspend the Public Servic;e Commissioner from office for misbehaviour or incompetence, but the Public Servke Commissioner shall not be removed from office except as provided in this Article. (3) The [[Queen's Representative]] shall cause to be laid before [[Parliament]] a full statement of the grounds of any suspension within seven days after the date ofthat-suspeusion if [[P:irliament]J is then in session, or if [(Parliament]] is not in session then within seven days after the date of the commencement of the next ensuing session. (4) • Unless [[Parliament]], within twenty-one days from the date on which the st11tement in respect. of the suspension, of the Public Service Commissioner . · undel' this Article has been laid before it, declares by resolution that he ought · to be removed from office, the Public Service Commissioner shall be deenied to be restored to office as from the ·date of his suspension; and if [[Parliament]] within the said time does so declare, the Public Service Commissioner shall be removed by the [[Queen's Representative]] from the date of his suspension.] This Article was substituted bys 2 of the Constitution Amendment (No 6) Act 1973 (Cl) Jo.r Article 74A that had been inserted bys 4 of the Constitution Amendment (No 2) Act 1968-69 ( CI) The words "Queen's Representative"were substituted for the words "High Commissioner" in subcls (2), (3) and (4) by s 4(1) of'the Constitution Amendment (No 10) Act 1981-82 ( CI) The words "Prime Minister" were substituted for the word "Premier" in subcl (2) bys 3(3) of the Constitution Amendment (No 9)Act 1980-81 (Cl) The word "Parliament" was substituted for the words "the Legislative Assembly" in subcls (2) (in two places) and (4) (in two places) bys 6 of the Constitution Amendment (No 9)Act 1980-81 (CI} [Functions of the Public Service Commissioner 74H (1) Subject to the provisions of Article 74BB hereof and of ,subclauses (3) and ( 4 ). of this .Article. and except as may otherwise b\'l providl'ld by ena9tment, the Public Service Commissioner shall be responsible for the appointment, promotion, transfer, termination of appointment, dismissal, and disciplinary control of employees of the Cook Islands Public Service, and shall have such other functions as may be prescri]Jed by law.] (2) Repealed py sec_tion 2(2)(a) of the Constitution Amendment (No 13) Act 1992. · '(3) An Act _shall make provision for the grading of positions in the Cook Islands Public Service and, except as provided in Article 74BB hereof and in [subclause (4)] of this Article, any promotion or appointment to such graded positions shall bio made by the Public Service Commissioner-and 2 heads of departments of the Cook Islands Public Service, The appointment of those heads of departments for the purpose of this subclause shall be as prescribed by Act. . (4) An Act may provid(l for the appointment of persons from outside the Cook Islands to positlons ·in the Cook Islands Public Service and the conditions on which such appointments are to be made, and the appointment of any such . person shall be made with the i;oncurrenc() of Cabinet. (5) A decision of Cabinet under subclause ( 4) of this Article shall be deemed to be a decision to which Article 25 hereof (which relates to reconsideration of C&binet decisions by the Executive Council) applies. (6) In the pe1formance of their functions under this Article - (a) The Public Service Commissioner when acting alone; and 202 Cook Islands Laws (b) Repealed by section 2(2)(d) of the Constitution Amendment (No 13) Act 1992; (c) The Public Service Commissioner and the heads of Depru:tments when acting to getber - · shall have regard to the general policy of Cabinet relating to the Cook Islands Public Service, and shall gi_ve effect to any decision of Cabinet defining that policy conveyed to him or them, 'as the case may be, in writing signed by the [Prime Minister]. Subclause (1) was substituted by section 2 of the Constitution Amendment (No 13) Act 1992 The words in square brackets in subclause ( 3) were substituted by