Fiji 2013 Constitution

CHAPTER 8. ACCOUNTABILITY

Part A. CODE OF CONDUCT

149. Code of conduct

A written law shall-

1. establish a code of conduct which shall be applicable to the President, Speaker, Deputy Speaker, Prime Minister, Ministers, members of Parliament, holders of offices established by or continued in existence under this Constitution or under any written law, members of commissions, permanent secretaries, ambassadors or other principal representatives of the State, and persons who hold statutory appointments or governing or executive positions in statutory authorities, and to such other offices (including public offices) as may be prescribed by written law;
2. establish rules, processes and procedures for the implementation of the code of conduct by the Accountability and Transparency Commission;
3. provide for the monitoring by the Accountability and Transparency Commission of compliance with the code of conduct by the officers mentioned in paragraph (a);
4. make provision for the investigation of alleged breaches of the code of conduct and enforcement of the code of conduct by the Accountability and Transparency Commission, including through criminal and disciplinary proceedings, and provide for the removal from office of those officers who are found to be in breach of the code of conduct;
5. provide for the protection of whistle-blowers, being persons who, in good faith, make disclosures that an officer mentioned in paragraph (a) has contravened any written law or has breached the code of conduct or has engaged in fraudulent or corrupt practices; and
6. provide for the annual declaration by the officers mentioned in paragraph (a) of the assets and liabilities and financial interests of the officer, and of such other direct relatives of the officer as may be prescribed, to the Accountability and Transparency Commission, and for such declarations to be accessible to the public.

Part B. FREEDOM OF INFORMATION

150. Freedom of information

A written law shall make provision for the exercise by a member of the public of the right to access official information and documents held by the Government and its agencies.

Part C. AUDITOR-GENERAL

151. Auditor-General

1. The office of the Auditor-General established under the State Services Decree 2009 continues in existence.
2. The Auditor-General is appointed by the President on the advice of the Constitutional Offices Commission, following consultation with the Minister responsible for finance.
3. The President may, on the advice of the Constitutional Offices Commission, appoint a person to act as the Auditor-General during any period, or during all periods, when the office of the Auditor-General is vacant or when the Auditor-General is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.

152. Functions of Auditor-General

1. At least once in every year, the Auditor-General shall inspect, audit and report to Parliament on-
   1. the public accounts of the State;
   2. the control of public money and public property of the State; and
   3. all transactions with or concerning the public money or public property of the State.
2. In the report, the Auditor-General must state whether, in his or her opinion-
   1. transactions with or concerning the public money or public property of the State have been authorised by or pursuant to this Constitution or any written law; and
   2. expenditure has been applied to the purpose for which it was authorised.
3. A written law may make further provisions in relation to the office of the Auditor-General and may confer further functions and powers on the Auditor-General.
4. In the performance of his or her duties, the Auditor-General or a person authorised by him or her has access to all records, books, vouchers, stores or other Government property in the possession, custody or control of any person or authority.
5. In the performance of his or her functions or the exercise of his or her authority and powers, the Auditor-General 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.
6. The Auditor-General shall have the authority to appoint, remove and discipline all staff (including administrative staff) in the office of the Auditor-General.
7. The Auditor-General has the authority to determine all matters pertaining to the employment of all staff in the office of the Auditor-General, including-
   1. the terms and conditions of employment;
   2. the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;
   3. the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and
   4. the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by Parliament.
8. The salaries, benefits and allowances payable to any person employed in the office of the Auditor-General are a charge on the Consolidated Fund.
9. Parliament shall ensure that adequate funding and resources are made available to the Auditor-General, to enable him or her to independently and effectively exercise his or her powers and perform his or her functions and duties.
10. The Auditor-General shall have control of the budget and finances of the office of the Auditor-General, as approved by Parliament.
11. A written law may provide that the accounts of a specified body corporate are not subject to audit by the Auditor-General but are to be audited as prescribed in that written law.
12. If the written law under subsection (11) so provides, it must also empower the Auditor-General to review those audits and report the results of a review.
13. The Auditor-General must submit a report made by him or her to the Speaker of Parliament and must submit a copy to the Minister responsible for finance.
14. Within 30 days of receipt, or if Parliament is not sitting, on the first day after the end of that period, the Minister responsible for finance must lay the report before Parliament.

Part D. RESERVE BANK OF FIJI

153. Reserve Bank of Fiji

1. The Reserve Bank of Fiji is the central bank of the State, whose primary objects are-
   1. to protect the value of the currency in the interest of balanced and sustainable economic growth;
   2. to formulate monetary policy;
   3. to promote price stability;
   4. to issue currency; and
   5. to perform other functions conferred on it by a written law.
2. In pursuing its primary objects, the Reserve Bank of Fiji must perform its functions independently and without fear, favour or prejudice, but there must be regular consultation between the Reserve Bank of Fiji and the Minister responsible for finance.
3. The powers and functions of the Reserve Bank of Fiji are those customarily exercised and performed by central banks.
4. The Governor of the Reserve Bank of Fiji shall be appointed by the President on the advice of the Constitutional Offices Commission, following consultation with the Minister responsible for finance.
5. A written law must provide for the composition, powers, functions and operations of the Reserve Bank of Fiji.
6. The Reserve Bank of Fiji must deliver quarterly and annual reports to Parliament, and any other reports when required by law, or requested by resolution.