Public officers or employees of statutory bodies who obstruct, hinder or resist the Auditor General and the Director of Internal Audit from conducting their investigations will now face stiff penalties, including suspension, demotion or dismissal.
Premier Dr. the Honourable Natalio Wheatley made the disclosure during a joint press conference with Governor His Excellency John Rankin on Wednesday, August 10.
He confirmed that the Audit (Amendment) Act which was recently passed in the House of Assembly was assented to, making the aforementioned practices an act of gross misconduct.
“It is now a criminal offense for a person, without lawful excuse, to fail to cooperate with or otherwise impede (obstruct, hinder or resist) the Auditor General. The Audit (Amendment) Act was passed in the House of Assembly on 21st July”, Premier Wheatley stated.
He added, “Failure to cooperate with or otherwise impede, hinder or resist the Auditor General and the Director of Internal Audit in the discharge of their duties and functions is now an act of gross misconduct under the Service Commissions Regulations.”
Penalties
The premier also briefly outlined the criteria that will be used to penalize such persons in breach of the Act.
He said, “For a first time misconduct, the penalties are up to 30 days’ suspension or demotion and for a second time and subsequent misconduct, the penalty is dismissal.”
Recommendation B16 of the Commission of Inquiry Report called for “consideration be given to amending the Audit Act 2003 so as to make a failure on the part of any person to cooperate with or otherwise impede the Auditor General, without legitimate excuse, a criminal offence.”
Meanwhile, Recommendation B17 recommended that “a failure by a public officer or any employee of a statutory board to cooperate with either auditor, without reasonable excuse, should be treated as gross misconduct.”