Functions of Legislative Drafting
Under section 116 of the Constitution of the Republic of Fiji, the legislative drafting section is mandated with the drafting laws, both principal and primary legislation, upon the request of Cabinet.
In carrying out its function to draft laws, the section undertakes the following:
- vetting of laws to ensure compliance with the Constitution of the Republic of Fiji, international treaty obligations and other principles of statutory interpretation, and to avoid duplication or conflict with existing laws;
- working closely with instructing institutions to translate policies into legally enforceable provisions
- participate or lead law reform/law review initiatives to assist in identifying legislation which to be modernised, repealed or amended
- assisting institutions in preparing and vetting Cabinet Memorandums that propose new laws or propose amendments to existing laws
- facilitating stakeholder consultations where multiple ministries/institutions will be affected by legislative amendments
Other functions and responsibilities of the section includes:
- providing independent legal advice to the Government
- attending before various Standing Committees of Parliament to provide legal guidance on Bills deliberated by Parliament
- assisting in the maintenance of a publicly accessible register of all written law. This includes keeping the Laws of Fiji website and physical copies up to date through an ongoing law revision process. As of September 2024, there are 360 principal legislation and as of May 2025, 1,821 subsidiary legislation. The law revision process involves updating and consolidating laws to ensure all amendments are included and the laws remain current
- preparing relevant speeches, talking points and motions for Parliamentary deliberations, where applicable
- facilitating legislative implementation of National Budgetary policies
- facilitating publications of relevant notices in the Gazette
- legal vetting of Cabinet memorandums, Development Subcommittee papers
- providing secretariat support to various committees and commissions, for instance the Mercy Commission, the Cabinet Subcommittee on Legislation
- providing legal guidance and other contributions to various ad hoc and established committees that our members are part of, for instance the International Atomic Energy Agency Interagency Committee, Anti-Corruption Committee, Human Rights and Treaty Body Reporting Committee, Medicinal Cannabis Taskforce, Proposed Tourism Legislation Joint Working Group, Pacific Islands Law Officers Network and its working groups such as the Pacific Legislative Drafters Steering Committee (of which Fiji is currently chair of) and the Cybercrime Subcommittee and the Fiji Maritime Affairs Coordinating Committee to name a few
Legislative Drafting Publications
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Bill – a proposal to adopt a new law or amend a current law. Under the Standing Orders of the Parliament of the Republic of Fiji, a Bill must be published in the Gazette
Act – means an Act, Decree or Promulgation. Under section 49(1) of the Constitution, within 7 days after a Bill has been assented to by the His Excellency, the President of the Republic of Fiji, the Attorney-General must publish the Bill in the Gazette as an Act of Parliament
Legal Notice – facilitates the publication of subsidiary legislation (regulations, orders, by-laws)
Gazette Notice – facilitate the publication of notices required by law to be published in the Gazette (eg. Appointment of chairpersons and members of the Electoral Commission, Writ for Election, Proclamation for Dissolution of Parliament, 2022 National Candidate’s List, Declaration of Elected Members, Appointment of Board members of iTLTB, Declaration of Public Holidays for 2022, 2023 and 2024, Appointment of Commissioner of iTaukei Lands Commission and so forth)