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SAMOA LAW REFORM COMMISSION

KOMISI O LE TOEFUATAIGA O TULAFONO A SAMOA

 

For your information, five Issues Papers produced by the Samoa Law Reform Commission are now available on this website. All are invited to read and submit comments in relation to the many questions posed in these Issues Papers. Your comments and submissions will be invaluable to the drafting of new and improved legislation that are both workable and practical.  

The following Issues Papers are available;

  • Crimes Ordinance 1961(IP01/09)[Download]
  • Coroners Ordinance 1959 (IP02/09)[Download]
  • Care and Protection Legislation to protect children (IP03/09)[Download]
  • Law Practitioners Act 1976 (IP04/09)[Download]
  • Commission of Inquiry 1964 (IP05/09)[Download]
Hard copies are available from the Office of the Attorney General on the 4th Floor of the FMFM II Building, Matagialalua and from the Samoa Law Reform Commission on the Ground Floor of the FMFM II Building at Matagialalua.

The deadline for any submissions will be the 19 March 2010. Submissions can be handed in to the Office of the Attorney General or to the Samoa Law Reform Commission. We look forward to your responses.

Ma lou faaaloalo lava,

Leilani Tuala-Warren
Executive Director

Samoa Law Reform Commission 

 

 

The Law Reform Commission (“LRC”) is located on the Ground Floor of the Government Building.

 

At the moment, the Office is staffed by an Executive Director but in due course it will also employ legal officers and researchers, a project coordinator and other administrative staff.

 

Role of the LRC

 

Pursuant to section 6 of the Law Reform Commission Act 2008, the Commission will recommend to the Attorney General suggested programs for the reform of the laws of Samoa, it will research and analyse areas of law referred to it by the Prime Minister, Cabinet or the Attorney General and report its recommendations for reform to the Prime Minister and the Attorney General, it will advise Government Ministries and agencies on the manner or content of reviews of the law conducted by those Ministries and agencies, and it will consult with and advise the public(and any specific sectors of the community) about its work.

 

In order to carry out its role, the LRC will conduct or sponsor such studies and research as it thinks expedient for the preparation of reports and associated documents relating to a matter referred to it under the provisions of the Act. It will consult with any Government Ministry or agency concerning the review of any aspect of the law and it will request and receive from any Government Ministry or agency such information relating to any review as is appropriate. The LRC will also publicise its work, conduct public hearings, seek comments from the public on its proposals, and consult with any group or groups of persons.

 

The LRC will also be assisted by an Advisory Board composed of;

1.      Attorney General (Chairperson);

2.      CEO  of Ministry of the Prime Minister and Cabinet;

3.      CEO of the Ministry of Justice and Courts Administration;

4.      CEO of the Ministry of Finance;

5.      CEO of the Ministry of Women, Community and Social Development;

6.      Commissioner of Police Services;

7.      President of the Samoa Law Society  or nominee;

8.      President of the Samoa Chamber of Commerce and Industry or a nominee;

9.      President of the National Council of Churches or nominee;

10.  President of the Public Service Association or nominee; and

11.  Four members appointed by the Head of State(on the advice of Cabinet) who are able to represent community interests.

 

The Advisory Board will meet four times a year and will be given terms of reference.

 

How to determine if the reform is one for the LRC

 

If a Ministry determines that its program for legislative reform is significant and will impact a wide section of the public, it will most likely be a task for LRC. The procedure is for the Ministry through its Minister to take its proposal to the Attorney General. A reference will then be made by the Attorney General to LRC which will contain the relevant policy and policy objectives from the Ministry. It is important that the reference is made to LRC in this way as LRC cannot initiate law reform on its own volition. Once the LRC is appointed to have a role in the specific law reform project, it will research and analyse the area of law and ensure broad stakeholder consultation, in undertaking the review or reform. Consultant drafters will be engaged and the LRC will have a list of approved drafters which will be comprised by LRC based on the requirements under the Legislative Drafting Handbook, and approved by the Attorney General. Consultant drafters are to comply with the Legislative Drafting Handbook. Terms of Reference drawn up by the relevant Ministry in close collaboration with LRC will be given to the Consultant drafter. A drafted law will be passed to the Parliamentary Counsel and ultimately the Attorney General’s Certificate will be required for every draft law and must be included in the Cabinet submission.

 

 

How to Contact LRC

 

LRC can be contacted on telephone numbers 28493 or 28494, fax number 28495 and email address lawreform@ag.gov.ws.

 

The LRC encourages all stakeholders and members of the public to get in touch with our office so that you can be fully informed of, and involved in the process of law reform.

 

 

STAKEHOLDERS DATABASE QUESTIONNAIRES

 

English version

Samoan version

 

 

 

 

 

 

 

 

 

 
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