Under section 16(1) and (6) of the Integrity in Public Office Act 2003, a person in public life, (holding or acting in any office or position set out in Part 1, and a person acting for a period of not less than six (6) months in an office set out in Part 2 of the First Schedule to the Act), is required to complete and file a declaration with the Integrity Commission within three (3) months after the end of each calendar year. The declarations shall be in Form 2 of the Third Schedule to the Act.
The 2014 calendar year ended on the 31st day of December 2014. In respect of calendar year 2014, all declarations must be filed with the Commission no later than the 31st day of March 2015.
Section 16 (4) of the Act, which also deals with the filing of declarations provides that "A person who becomes a person in public life after the commencement of this Act shall, not later than three months of his becoming a person in public life, file a declaration in Form 2 of the Third Schedule with the Commission."
Section 20 of the Act, which deals with secrecy and confidentiality provides: "The declarations filed with the Commission and the records of the Commission in respect of those declarations are secret and confidential and shall not be made public, except where a particular declaration or record is required to be produced for the purpose of, or in connection with any court proceedings against, or enquiry in respect of a declarant under this Act, the Commissions of Inquiry Act or perjury under the Perjury Act."
Section 22 of the Act, which deals with failure to file declarations provides: "Where a person who is required to file a declaration under section 16 fails to file the declaration in accordance with this Act or fails to furnish particulars under section 15 or section 17, the Commission shall publish the fact in the Gazette and send a report to the Director of Public Prosecutions for further action."
Section 15 provides that the Commission may require a declarant to furnish further particulars relating to his declaration as it considers necessary in order to verify or determine the accuracy of the declaration filed under the Act.
Section 17 provides: "Where a person in public life holds money or other property in trust for another person, he shall so state in his declaration."
Section 27 (1), which deals with penalties, provides, inter alia: "A person who – (a) fails, without reasonable cause, to furnish to the Commission a declaration or further particulars thereof which he is required to furnish in accordance with this Act; (b) knowingly makes a declaration which is false in some material particular commits an offence, and is liable on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years or to both such fine and imprisonment."
Form 2 of the Third Schedule to the Act is also available at the Office of the Integrity Commission, Cross Street, Roseau. Office hours are: 8.00 a.m. to 5.00 p.m. on Mondays and 8.00 a.m. to 4.00 p.m. on Tuesdays to Fridays.
Julian N. Johnson
Date: January 22, 2015