Commission proposes Act upgrade

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Electoral Law Reform Commission: Seni Nabou (left), Deidre Brookes, chairman former chief Justice Daniel Fatiaki with Dr Wadan Narsey during the Law Reform Consultation at the Fijian Teachers Association Hall . Picture: LITIA RITOVA

A discussion paper released by the Fiji Law Reform Commission has recommended that the powers of the Commissioner of Police be more clearly defined and expanded in a new Police Act.

The current legislation, the paper states, gives the commissioner “command and superintendence of the Fiji Police Force, including responsibility for training, appointments, promotions, and discipline”.

“These powers are consistent with Section 129 of the 2013 Constitution, which grants the commissioner constitutional authority over the operations of the Police Force,” it states.

However, it points out that while the current Act reflects the commissioner’s high-level responsibilities, it lacks practical provisions to support day-to-day policing and modern human resource management. “The new Act should give legislative effect to these constitutional powers,” the paper says.

It also examines the commissioner’s ability to delegate authority to subordinates. This, according to the commission, is necessary to ensure that the commissioner can maintain overall accountability while also managing the Police Force efficiently.

“This will ensure the commissioner can effectively manage the force while maintaining ultimate responsibility,” the paper states.

The discussion paper proposes integrating provisions that promote professionalism, inclusivity, and accountability in the force. “It may be necessary to expand on language in this provision concerning mandatory gender sensitisation and human rights training for all officers, from recruitment through ongoing service.”