When Parliament passed the Fiji Law Reform Commission Act 1979, the Government was able to set up the Fiji Law Reform Commission. The Commission’s role is to review Fiji’s laws in order to make them modern, simpler, fairer, more cost-effective and accessible.
Background
Fiji is a plural society with a colonial legal history. The laws presently on our statute books reflect this colonial legacy, just as our norms and institutions reflect the British systems of government. However, as time has progressed, so have our ability to develop our own legal precedent, shaped by our own experiences.
However society has changed since colonial times and these changes not only affect our values and institutions, but also the very conditions of everyday life. This means that laws from the early 1900s or even the 1950s may not be appropriate for today.
This has resulted in laws which may be inappropriate, unfair, outdated, uncertain and expensive.
The Commission was established to resolve these difficulties with the law by asking the public for their views and then comparing our existing law with developments in other countries before making proposals to the Attorney General for the modernization and simplification of the law.
How the Commission works
Under our Legislation, the Commission receives instructions from the Attorney General before it may look at a particular law.
Just as Fiji’s resources are limited, so are the Commission’s. This means that the Commission cannot look at every existing law.
It is those laws which the Government considers in urgent need of reform that the Attorney General refers to the Commission.
Our reform agenda therefore is influenced by the main concerns of the Government of the day. As well, the Attorney General receives suggestions from Parliamentarians, Community Organisations and other interested groups.
Once the Commission receives an instruction from the Attorney General, a Commissioner is appointed by the Attorney General to be in charge of the review.
Consultation Process
An important part of our review process is the assessment of the views of those directly affected by the law – stakeholders as well as those with an interest and indirectly affected by the particular law – members of the general public.
We then undertake public hearings after advertising in the newspaper and radio asking the public to attend and give their views. We also receive written submissions from the public and any organization especially community and non-government organizations who wish to comment and give us their views.
Once the public hearings are completed, the Commission then compares our existing law with the law of other countries, including that of our Pacific Island neigbours. Â We usually compare the laws of Commonwealth countries who have similar legal systems. We then take account of the views of the public and stakeholders before preparing our advice to the Attorney General for changes to the law.
The Commission submits its Final Report with its proposals to the Attorney General.
Attorney General and Cabinet decide on our proposals for change
It is then up to the Attorney General whether to implement our recommendations. Our recommendations may include policy changes or if the law must be changed, a draft legislation to be presented to Parliament by the Attorney General.
If the Attorney General agrees with our proposal for legal changes, he will then submit a draft legislation or Bill to Cabinet. Once Cabinet approval is given, the Attorney General may then table the Bill in Parliament.
Assisting with implementation of our proposals
The Commission’s role does not end with making recommendations. If a draft legislation or Bill results out of our proposal for change, we may assist in educating the public about the proposed changes.
Issue Papers
Discussion Papers
Final Reports
Review
Annual Reports
Get in Touch with Us
Landlines: +679 3303646 | 3303900
Mobile: +679 8010247
Email: info@flrc.gov.fj
Website: www.flrc.gov.fj
Address: Level 5, Civic Towers behind the Suva City Library, Victoria Parade, Suva, Fiji
Postal Address: P.O Box 2519, General Post Box, Government Buildings, Suva, Fiji Islands