Drafting

Law drafting services in Fiji are a critical component of the country’s legal and governance framework. They involve the specialized process of formulating new laws, amending existing ones, and creating various legal instruments to give effect to government policy and address societal needs. The services are primarily provided by governmental bodies, with some involvement from legal practitioners in the private sector for specific types of documents.

Here’s a summary of law drafting services in Fiji:

1. Office of the Attorney-General (OAG): The Central Hub

  • Primary Responsibility: The Legislative Drafting Section within the Office of the Attorney-General is the principal body responsible for drafting all primary and subsidiary legislation for the Fijian Government. This includes Bills to be presented to Parliament, as well as regulations, orders, by-laws, notices, and other statutory instruments.
  • Role and Functions:
    • Translating Policy into Law: The core function is to transform government policy intentions into clear, coherent, and legally sound written laws.
    • Advisory Role: Provides timely and strategic advice to the Government on legal and policy matters, including the implications of proposed legislation and matters of statutory interpretation.
    • Quality Control: Ensures that draft laws are consistent with the Constitution, existing laws, international best practices, and are easily understood and applied by various stakeholders.
    • Capacity Building: The OAG also works on developing the capacity of its legal officers in legislative drafting, recognizing the specialized skills required.
  • Key Personnel: The Chief Law Draftsperson, under the Solicitor-General, leads this section, bringing extensive experience in legislative drafting within a common law jurisdiction.

2. Fiji Law Reform Commission (FLRC): Review and Recommendations

  • Role: While not primarily a drafting body in the sense of drafting every piece of legislation, the FLRC plays a crucial advisory role in the law-making process. Established under the Fiji Law Reform Commission Act 1979, its mandate is to systematically review and develop the laws of Fiji.
  • Services:
    • Law Review: Identifies anomalies, obsolete enactments, and areas where new laws are needed.
    • Research and Consultation: Conducts in-depth legal and policy research, often involving public and stakeholder consultations, to inform its recommendations.
    • Recommendations and Drafts: Proposes legal changes to the Attorney-General. These recommendations often include a draft Bill and a draft Cabinet Paper, which serve as detailed drafting instructions for the OAG if the proposals are accepted.
    • Public Education: May assist in educating the public about proposed legal changes resulting from its reforms.

3. Other Government Ministries and Agencies:

  • Specific Needs: Various government ministries and agencies may have specific legislative drafting needs relevant to their portfolio. For instance, the Ministry of Trade might establish a Legislative Drafting Panel to assist in drafting new laws or amendments related to industry, investment, and trade.
  • Collaboration: These entities typically work in close collaboration with the Office of the Attorney-General, which retains the ultimate responsibility for the final drafting and clearance of legislation. Their role often involves outlining policy, conducting initial research, and contributing to the justification for legislative change.

4. Private Legal Practitioners:

  • Limited Direct Legislative Drafting: Private law firms in Fiji generally do not engage in the drafting of primary legislation (Acts of Parliament) or subsidiary legislation on behalf of the government. This function is strictly reserved for the Office of the Attorney-General.
  • Commercial and Contractual Drafting: Their expertise lies in drafting a wide range of private law documents, such as:
    • Contracts: Commercial agreements, employment contracts, sales agreements, etc.
    • Conveyancing Documents: Deeds of transfer, mortgages, leases, and other documents related to property transactions.
    • Corporate Documents: Memorandum and Articles of Association, shareholder agreements, board resolutions.
    • Wills and Trusts: Estate planning documents.
    • Court Documents: Pleadings, affidavits, and other documents for litigation.
  • Advisory Role: Private lawyers may also advise clients on the implications of existing laws or proposed legislation for their businesses or personal affairs.

5. Training and Capacity Building:

  • University of the South Pacific (USP) and University of Fiji: These universities offer legal education, including components of legal drafting. USP has offered a Professional Diploma in Legislative Drafting (PDLD), designed to equip legal professionals with the skills to translate government policies into clear and effective laws.
  • Continuous Professional Development: The legal community, including the OAG, engages in ongoing training and professional development to enhance drafting skills and stay abreast of best practices.

In summary, law drafting services in Fiji are highly centralized within the Office of the Attorney-General for government legislation, supported by the analytical and reform work of the Fiji Law Reform Commission. Private legal practitioners focus on drafting private and commercial legal instruments, while educational institutions contribute to building the necessary expertise in the country.