PUBLIC DEFENDER (INTERIM) ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Duration of this Act

 

PART II
The Public Defender

   4   Public Defender commission

   5   Tenure of office of Public Defender

   6   Disqualification for appointment, etc

   7   Restriction on employment

   8   Filling of vacancy

   9   Remuneration of Public Defender

   10   Pensions, etc

   11   Appointment of staff

   12   Oath of secrecy

 

PART III
Functions of Public Defender

   13   Actions which Public Defender may investigate

   14   Who may make complaint

   15   Investigation by Public Defender

 

PART IV
Process of Investigation

   16   Procedure in respect of investigation

   17   Evidence

   18   Restriction on disclosure of certain matters

   19   Power to enter premises and retain documents

   20   Privilege

 

PART V
General

   21   Secrecy of information

   22   Accounts, etc

   23   Reports

   24   Register

   25   Offences

   26   Remedy under any other provision of law unaffected

   27   Regulations

   28   Provisions applicable where no leader of the Opposition

   29   Repeal and savings

   30   Transfer of employees of Ombudsman

      SCHEDULES

 

THE PUBLIC DEFENDER (INTERIM) ACT

[Date of Commencement: 16th April, 2000]

Acts
33 of 1999
25 of 2002.

PART I
Preliminary (sections 1-3)

1   Short title

   This Act may be cited as the Public Defender (Interim) Act.

2   Interpretation

   In this Act-

   "authority" means-

   (a)   a Ministry, department or agency of Government;

   (b)   a Parish Council or the Kingston and St. Andrew Corporation;

   (c)   a statutory body or authority;

   (d)   a company registered under the Companies Act, being a company in which the Government or an agency of Government holds not less than fifty-one per centum of the ordinary shares;

   "Service Commission" means-

   (a)   the Judicial Service Commission established under section 111 of the Constitution;

   (b)   the Municipal Service Commission established under section 3 of the Municipal Service Commission Act;

   (c)   the Parish Councils Services Commission established under section 3 of the Parish Councils (Unified Service) Act;

   (d)   the Police Service Commission established under section 129 of the Constitution;

   (e)   the Public Service Commission established under section 124 of the Constitution; or

   (f)   the Teachers Service Commission established under section 5 of the Education Act.

3   Duration of this Act

   This Act shall continue in force until provision is made in the Constitution of Jamaica for the establishment of a Public Defender in terms which preclude the alteration of that provision otherwise than in accordance with the procedures prescribed by or in relation to section 49(2) of that Constitution and shall then expire.

PART II
The Public Defender (sections 4-12)

4   Public Defender commission

   (1) For the purpose of protecting and enforcing the rights of citizens, there is hereby established a commission of Parliament which shall be known as the Public Defender.

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