According to Schedules I and II of the Public Service Act 2002 all staff of Government Ministries and Departments come under the Public Service Commission except the following:-

- Magistrates

- Police

- Prisons

- Tonga Defence Services

- Commissioner for Public Relations.

The Public Service Act 2002 was enacted as part of the overall Economic and Public Sector Reform Programme, which commenced about the year 2000 for the purpose of improving the efficiency and effectiveness of Government public service, revenue and financial systems, and improving the economy. The reform of the public service includes restructuring of government, reviewing the size of the public service and improving the efficiency, effectiveness and customer service.

Before the enactment of the Public Service Act 2002, Cabinet (i.e. the Prime Minister, Ministers and the two governors) decided all matters relating to recruitment, management, discipline and dismissal of staff in the employment of government. Clearly, this takes up too much time and Cabinet needed more time to attend to the affairs of the state and to policy matters. It was time for Cabinet to delegate the management of staff issues to another body. In Commonwealth countries and in English-Speaking nations in the Pacific, the body which manages staff in the civil service is the Public Service Commission. Tonga Government followed this practice.

The Public Service Act 2002 provides for the establishment of a 3 member Public Service Commission, and one shall be Chairperson. The Public Service Commission is accountable to the Prime Minister and Cabinet. Members of the Commission are appointed by the Prime Minister, with the approval of Cabinet, for a period of 5 years and are eligible for reappointment. A member may be removed by the Prime Minister, with the approval of Cabinet, and a replacement appointed for the remainder of the term.

The Chairperson is the head of the Public Service Commission and is responsible for the efficient and effective operation of the Commission, ensuring regular meetings to deal with matters relating to staffing the public service and presides over the meetings of the Commission. In managing the staffing of the public service, the Public Service Commission is required to advise and report to Cabinet regularly. The Public Service Commission appoints a Secretary who is the Head of Department and will provide services to the Commission to ensure the proper discharge of its duties and responsibilities.

All appointments, management, and dismissal of staff within the public service come under the Public Service Commission. Regulations for the public service are made by the Prime Minister, with the approval of Cabinet, but the execution is by the Public Service Commission. Only the appointment of the Heads of Department is by Cabinet on recommendation of the Public Service Commission. However, appeals against decisions of the Commission may be made to Cabinet. Heads of Department on staff matters report to the Public Service Commission who deals with these matters in accordance with the Public Service Act 2002, its Regulations and Code of Conduct.

Apart from the appointment of Heads of Department/Chief Executive Officers which is made of Cabinet on recommendation of the Public Service Commission, all other appointments in the public service are by the Public Service Commission. The management of staff in the public service, including discipline and dismissal, is by the Public Service Commission.

The Commission can delegate some of its duties and responsibilities to Heads of Department and things are already moving in this direction. Department of Information, 06/09/07.