Promotion of Administrative Justice Act, 2000/2008-04-01

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as amended by

Judicial Matters Amendment Act, No. 42 of 2001

Promotion of Administrative Justice Amendment Act, No. 53 of 2002

Judicial Matters Second Amendment Act, No. 55 of 2003

Judicial Matters Amendment Act, No. 22 of 2005

Public Service Amendment Act, No. 30 of 2007

Regulations and code of good administrative conduct

10. (1) The Minister must make regulations relating to—

the procedures to be followed by designated administrators or in relation to classes of administrative action in order to promote the right to procedural fairness;

the procedures to be followed in connection with public inquiries;

the procedures to be followed in connection with notice and comment procedures; and

the procedures to be followed in connection with requests for reasons.

(2) The Minister may make regulations relating to—

the establishment, duties and powers of an advisory council to monitor the application of this Act and to advise the Minister on—

the appropriateness of publishing uniform rules and standards which must be complied with in the taking of administrative actions, including the compilation and maintenance of registers containing the text of rules and standards used by organs of state;

any improvements that might be made in respect of internal complaints procedures, internal administrative appeals and the judicial review by courts or tribunals of administrative action;

the appropriateness of establishing independent and impartial tribunals, in addition to the courts, to review administrative action and of specialised administrative tribunals, including a tribunal with general jurisdiction over all organs of state or a number of organs of state, to hear and determine appeals aginst administrative action;

the appropriateness of requiring administrators, from time to time, to consider the continuance of standards administered by them and of prescribing measures for the automatic lapsing of rules and standards;

programmes for educating the public and the members and employees of administrators regarding the contents of this Act and the provisions of the Constitution relating to administrative action;

any other improvements aimed at ensuring that administrative action conforms with the right to administrative justice;

any steps which may lead to the achievement of the objects of this Act; and

any other matter in respect of which the Minister requests advice;

the compilation and publication of protocols for the drafting of rules and standards;

the initiation, conducting and co-ordination of programmes for educating the public and the members and employees of administrators regarding the contents of this Act and the provisions of the Constitution relating to administrative action;

matters required or permitted by this Act to be prescribed; and

matters necessary or convenient to be prescribed in order to—

achieve the objects of this Act; or

subject to subsection (3), give effect to any advice or recommendations by the advisory council referred to in paragraph (a).

(3) This section may not be construed as empowering the Minister to make regulations, without prior consultation with the Minister for the Public Service and Administration, regarding any matter which affects the public service.

(4) Any regulation—

made under subsections (1)(a), (b), (c) and (d) and (2)(c), (d) and (e) must, before publication in the Gazette, be submitted to Parliament; and

made under subsection (2)(a) and (b) must, before publication in the Gazette, be approved by Parliament.

(5) Any regulation made under subsections (1) and (2) or any provision of the code of good administrative conduct made under subsection (5A) which may result in financial expenditure for the State must be made in consultation with the Minister of Finance.

(5A) The Minister must, by notice in the Gazette, publish a code of good administrative conduct in order to provide administrators with practical guidelines and information aimed at the promotion of an efficient administration and the achievement of the objects of this Act.

(6) The code of good administrative conduct contemplated in subsection (5A) must, before publication in the Gazette, be approved by Cabinet and Parliament and must be made within 42 months after the commencement of this section.