Got TIPS or BREAKING NEWS? Please call 1-284-442-8000 direct/can also WhatsApp same number or Email ALL news to:newsvino@outlook.com;                               ads call 1-284-440-6666

Obstructing audit functions now a criminal offence with fines

- Persons found guilty can face fines not exceeding $5K & public officers can face dismissal
The Virgin Islands Government of National Unity has amended the Audit Act 2003 and the Service Commission Regulations which now makes the obstruction of audit functions a criminal offense. Photo: VINO/File
Deputy Governor Mr David D. Archer Jr according to a release from the Government Information Service said the Amendments signify the Government’s commitment to a more accountable Public Service. Photo: GIS/File
Deputy Governor Mr David D. Archer Jr according to a release from the Government Information Service said the Amendments signify the Government’s commitment to a more accountable Public Service. Photo: GIS/File
ROAD TOWN, Tortola, VI - The Virgin Islands Government of National Unity has amended the Audit Act 2003 and the Service Commission Regulations which now makes the obstruction of audit functions a criminal offense.

The amendment made to the Audit Act, No.13 of 2003 is as set out in the Framework for Implementation of the Recommendations of the Commission of Inquiry Report and Other Reforms, with the intention to address Recommendation B16 of the Commission of Inquiry report which advises “that 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 a legitimate excuse, a criminal offence.”

Deputy Governor Mr David D. Archer Jr according to a release from the Government Information Service said the Amendments signify the Government’s commitment to a more accountable Public Service.

“As we move swiftly to exact the strategy outlined in the Framework for Implementation, each step brings us closer to greater accountability in the Public Service that the public deserves. I am confident that these amendments carry significant weight and will allow an enhanced audit process for everyone as good governance continues to be a critical part of the public service transformation plan.”

Amendment took effect August 10, 2022

The amendment came into effect on August 10, 2022, where Section 21B has been inserted to the Act and stipulates that a person who, without lawful excuse, fails to cooperate with or otherwise impedes, hinders or resists the Auditor General in the discharge of duty or the exercise of a power conferred on him or her, commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars.

The release noted that similarly, the Service Commissions Regulations have been amended to address recommendation B17, which speaks to the consequences for public officers who fail to cooperate with the Office of the Auditor General and the Director of Internal Audit.

“Failure by a public officer to cooperate with the Office of the Auditor General or Internal Audit Department will be considered an act of gross misconduct that carries a stiff penalty,” the release added.

The amendment states that in the case of a first-time misconduct, the Public Officer is subject to up to 30 days’ suspension as well as demotion. In the case of a second time and subsequent misconduct, the officer is subject to dismissal.

The recommendation also applies to employees of statutory boards where all Statutory Boards were given instructions by the Acting Governor to amend their governing documents to ensure that this recommendation is addressed and are well underway with making the necessary amendments.

26 Responses to “Obstructing audit functions now a criminal offence with fines ”

  • pat (03/09/2022, 15:17) Like (4) Dislike (7) Reply
    Another witch hunt
  • annudda2cents (03/09/2022, 15:17) Like (25) Dislike (2) Reply
    I am baffled as to why it had to take the COI for this offense to be punishable by law. I mean, some things should go without saying or debate, and this is certainly one of those things. Well meh boy.
    • pat (03/09/2022, 15:42) Like (8) Dislike (0) Reply
      This is absolutely shocking, what really was happening in this place?
  • HMMM (03/09/2022, 15:48) Like (5) Dislike (4) Reply
    more wasted paper
  • @ pat (03/09/2022, 16:02) Like (12) Dislike (3) Reply

    IT means that all the games that was played by those who think they got all the brains and the can do as the like / well let them try that sh*t again

  • How about Jail time.. (03/09/2022, 16:43) Like (18) Dislike (3) Reply
    This law is weak. Very weak. No mention of Jail time which is the main deterrence. Also we know in the BVI that applying or
    up- keeping the laws is an issue... I can appreciate the fact that Britain is serious about good governance and holding corrupt officials accountable...
  • pureblood #1 (03/09/2022, 16:52) Like (1) Dislike (2) Reply
    I think the people should fine the government for those bad slash roads in sea cows bay. who in charge buddy?
    • Azure (03/09/2022, 20:54) Like (4) Dislike (2) Reply
      @ pureblood #1. Sea Cows Bay's bad roads cannot hold a candle to East End's bad roads. Our roads are a threat to human life. They have workers there not even directing traffic and we drivers are almost having head-on collisions. The roads are so bad, that I am literally nauseous when I get home. It is scary to drive east end on any roads with potholes big enough to take a bath in. We should all get a special license credit for driving these obstacle courses without dying.
    • pockwood pond (05/09/2022, 01:15) Like (0) Dislike (0) Reply
      How about the digging up of the road by Water and Sewage in Pockwood Pond. There is one digging near to Ground Works that has been there for the past 3 months during which time about four accidents happen there. Now there is a fresh dig further up the road with many near misses and no one to complain to to get water and sewage to fix back the road.
  • (03/09/2022, 16:57) Like (4) Dislike (16) Reply
    Just a way to lock up locals and let the white man out
  • good (03/09/2022, 17:25) Like (11) Dislike (2) Reply
    Tighten the screw on the entitle crew, it beat the hell out of me as to why those taking part in all kind of illegal and unethical practices believe everything evolves around them.
    They dont have to be to account by anyone

  • @ good (03/09/2022, 18:24) Like (3) Dislike (2) Reply
    It's not Chinese ???? it's called ( ENTITLED ) and you don't have to be a rocket scientist to know that ????
  • Retroactive (03/09/2022, 19:20) Like (4) Dislike (2) Reply
    this amendment back to 1980.
  • Really (03/09/2022, 19:37) Like (3) Dislike (12) Reply
    All these comments and not one smart person to reply before me. Ask yourself why do you need people to govern you when your supposed to have free will. When you have free will it's only one answer and that's your answer no one else. People just dumb. It has an evil evil entity running ours lives and I don't see how people are that dumb. You wake up every day to be a slave
    • @Really (04/09/2022, 07:49) Like (0) Dislike (1) Reply
      It all goes back to money.

      Man made money now we have a set of rules to protect the money that have nothing to do with human care. And we have a set of people that will do anything for the money including violence, which justifies the set of rules. Its all foolishness. Why should for example the dollar make this tiny territory more attractive place to live in than other resource rich countries?

      Coming from a local, why leave a bread basket nation to come here where the sea is rich but there is not enough food on land to feed a high population?? People of the world went from physical slavery & being butchered for their lands, straight into capitalist wage slavery.

      The government can put their heads together and create processes for one, two or three main exportable resources to trade globally or regionally, get those soon to be worth-less dollars, stockpile food and employ the people under 'good governance' working conditions.

      Right now we're like a scattered flock with the Shepard saying fend for yourself, and beholden to his rule, which in the end is useless if he will not lead the way. Meaning Authority can not be hands off, yet beating sheep and expect prosperity. Look at what monetary policy & racism did to Haiti.

      Someone put a gun to their head and said you give us money and you stay poor, if you are poor we will not invade you. They should have gotten rid of the concept of debt and told France to get lost.

      Democracy will not magically make our problems go away we need more than 'good governance' whatever that means, arent the people in the UK struggling against heat & dreading the cold? Conserving energy because nature is the biggest threat. War planes can not stop starvation nor winter. Dollars & pounds, paper money only go so far.

      it was fine when they had slaves producing food, mining gold, privateers stealing jewels for trade. Invasions for acquiring oil are a legacy of this behavior. The meaning of unsustainable living will be defined this century.

      We need realistic thinking about the state of the world and how to increase the territory's chance of survival. Our concerns are food/trade, security, housing, and protecting ourselves from hurricane, flooding, drought and the effects of war between 'super powers'.
  • Guest (03/09/2022, 20:23) Like (22) Dislike (2) Reply
    No real jail time and a measly $5,000. Please, smoke and mirrors. If corruption benefits the person by the hundreds of thousands what is a $5000 fine to cover bases... This place is weak and only does things to make people think they putting things in place.....
  • For true? (03/09/2022, 20:32) Like (15) Dislike (1) Reply
    Criminal offence or slap on the wrist? I think the latter.

    Where is the jail time to make would be offenders realise that this is serious business? We need to wheel and come again.
  • Funny (03/09/2022, 20:42) Like (0) Dislike (2) Reply
    @Really, you made me smile.
  • Sam (04/09/2022, 00:47) Like (2) Dislike (2) Reply
    Yes hon it time for these people to be thought a lesson they need to go balo and then they we would see a person of there caloba end up politon in st Thomas gave a man job and he say hewa
  • RedStorm (04/09/2022, 04:03) Like (0) Dislike (4) Reply
    When you locked up your civil servants who will work for you? It’s like an eye for an eye, then The whole place go blind.
    • @redstorm (04/09/2022, 17:39) Like (0) Dislike (1) Reply
      Pretty sure there are enough expats eyeing up those cushy civil service jobs, so don’t worry - there will always be people to do the work. You are not irreplaceable - no one is.
  • Forbidden Truth (04/09/2022, 07:01) Like (0) Dislike (2) Reply
    So what would be a ligitimate reason to not cooperate?
  • Enforcement? (04/09/2022, 09:38) Like (4) Dislike (0) Reply
    Like everything else supposedly on the books I’ll be waiting to see this enforced. We can’t even stop punks on scooters without helmets. I don’t see this law being enforced…
    • SHANICE (04/09/2022, 17:22) Like (0) Dislike (0) Reply
      YOU ARE SO RIGHT ,NOT EVEN THEM LIL 16 YEAR BOYS THEM CAN STOP , I THINK THAT UK SHOULD JUST TOTALLY TAKE OVER AND MANAGE CONFUSED HOLE
  • SHANICE (04/09/2022, 17:19) Like (0) Dislike (0) Reply
    only now you all get to no its illegal or wicked ayo wicked soo,, know see how ayo have UK as a slave on ayo back , , too much cover up so ayo forced to do something now , thank god for uk and COI, STOP THEIVING


Create a comment


Create a comment

Disclaimer: Virgin Islands News Online (VINO) welcomes your thoughts, feedback, views, bloggs and opinions. However, by posting a blogg you are agreeing to post comments or bloggs that are relevant to the topic, and that are not defamatory, liable, obscene, racist, abusive, sexist, anti-Semitic, threatening, hateful or an invasion of privacy. Violators may be excluded permanently from making contributions. Please view our declaimer above this article. We thank you in advance for complying with VINO's policy.

Follow Us On

Disclaimer: All comments posted on Virgin Islands News Online (VINO) are the sole views and opinions of the commentators and or bloggers and do not in anyway represent the views and opinions of the Board of Directors, Management and Staff of Virgin Islands News Online and its parent company.