The commission of the public service is setup following the article 59 of the Constitution of the Republic of Vanuatu that declare:

Membership of Public Service Commission

  • The Public Service Commission shall be composed of five members appointed for a term of 3 years by the President of the Republic of Vanuatu after consultation with the Prime Minister.
  • The President of the Republic shall appoint every year, from among the members of the Commission, a chairman who shall be responsible for organizing its proceedings.
  • A person shall be disqualified for appointment as a member of the Commission if he is a member of Parliament, the National Council of Chiefs or a Local Government Council or if he exercises a position of responsibility within a political party.
  • A person shall cease to be a member of the Commission if circumstances arise that, if he were not a member, would disqualify him for appointment as such.

Section 7 of the Public Service Act provides for the Objectives of Public Service Commission:

  • The objectives of the Commission are to provide a service to the Government and Vanuatu people of the highest professional standard and to conform to, comply with, and foster within the Public Services, the guiding principles of the Public Service set out in section 4.

The major functions of the Commission are outlined in section 8 of the Public Service Act 1998. Section (8) (1) provides:

  • To provide policy advise to Government on matters relating to the efficiency and effectiveness of the Public Service and in human resource development; and
  • The appointment and promotion of employees on merit; and
  • The selection or approval of those to undergo training courses overseas and for such purposes may organize competitive examinations; and
  • The resolution of employment disputes and discipline of employees in accordance with this Act; and
  • Promoting the codes of conduct in Part V; and
  • Subject to the provisions of any other enactment, to classify and set levels of salary and allowances and other entitlements of employees; and
  • To review the efficiency and economy of the Public Service in employment matters; and
  • For the purposes of efficient Government in employment matters, to review the establishment and approve the grading of posts; and
  • Coordinating and providing training programs in Vanuatu for, and assisting with, the training of employees; and
  • Providing guidelines to directors-general, directors and to the Public Service in managing or developing employees in good employer systems and obligations; and
  • Ensuring the observance of the rule of law in public affairs;
  • To ensure compliance with and be responsible for the administration of this Act
  • To set targets for the delivery of services by the Commission;
  • To provide regular reports in writing to the Minister on the performance of the Commission; and
  • In carrying out its functions the Commission must have regard to the policies of Government as communicated to the Chairman of the Commission from time to time in writing by the Minister. The Commission must perform its functions efficiently, effectively and properly.
  • Notwithstanding subsection (2), in matters affecting employees (whether matters relating to the appointment , remuneration, promotion, demotion, transfer, disciplining or the cessation of any employee or other matters) the Commission shall act independently but have regard to its obligation to act as a good employer.
  • Notwithstanding subsection (2) the Commission will not be subject to the direction or control of any other person or body in the exercise of its functions.
  • The Commission may at any time in respect of matters referred to in this section or on such other matters as the Minister may request:
  • Carry out such investigations or inspections as the Commission thinks necessary;
  • Require and receive such reports as the Commission thinks necessary;
  • Provide advice to a director-general;
  • Report to the Minister and to the Speaker of Parliament in which event the Speaker shall upon receipt of a report table it in Parliament as soon as practicable.