09 June

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EQUAL OPPORTUNITY BILL

The Equal Opportunity (No. 2) Bill, 2011 was introduced in the House of Representatives on 9 November, 2011 in the name of the Honourable Herbert Volney, Minister of Justice. The following is a brief explanation of some aspects of the Bill What is Equal Opportunity? Equality of opportunity is a principle that all people should be treated similarly, unhampered by artificial barriers or prejudices or preferences, except when particular ‘distinctions’ can be explicitly justified. What is discrimination? According to this Bill, discrimination occurs where a person (the discriminator) treats another person (the aggrieved person) in relevant circumstances, which are the same or are not...

08 June

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EXTRADITION IN TRINIDAD AND TOBAGO

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in Laws of Trinidad and Tobago

EXTRADITION IN TRINIDAD AND TOBAGO Trinidad and Tobago's domestic legislation dealing with the extradition of fugitives is contained in the Extradition (Commonwealth and Foreign Territories) Act, 1985. Trinidad and Tobago can extradite both citizens and non-citizens. The Extradition (Commonwealth and Foreign Territories) Act, 1985 (hereinafter referred to as "the Act") provides the domestic legal framework for extradition to and from Trinidad and Tobago. The Attorney General has the exclusive authority to decide whether to order the return of fugitives to declared commonwealth and declared foreign territories. The Attorney General also presents requests for the extradition of fugitives who are abroad and...

08 June

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IMPASSE ON HOSPITAL DEATHS CONTINUE

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in MEDICAL COMPLAINTS COUNCIL CASES

ATTORNEY Martin George says that the Tobago Regional Health Authority (TRHA) has accepted liability in the neonatal and maternal deaths at the Scarborough General Hospital last year. However, he claims that the TRHA is now refusing to release the report into the deaths of Leciana Mitchell-Sheppard and her son, Ajani. He is accusing the TRHA of “evasion, deception and subterfuge as it relates to Tobago’s health sector.” George says, “This goes beyond this case. Every citizen that has to access those facilities should be concerned.” George, who is acting for Sheppard’s husband, Brinsley, is bringing a civil case against the TRHA on behalf...

05 June

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MATERNITY BENEFIT

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in Laws of Trinidad and Tobago

The National Insurance Maternity Benefit is paid to insured women who are away from work as a result pregnancy. The benefit is comprised of a weekly payment of a Maternity Allowance (to maximum of 14 weeks paid in a lump sum) and a Maternity Grant of $3,750.00. The benefit is not paid if a pregnancy has lasted less than 26 weeks unless the pregnancy resulted in a live birth. You may, however, be entitled to sickness benefit. Who Can Claim Maternity Benefit (Allowance and Grant) You can claim for the maternity benefit if - You are between the ages of 16 and 65; You are an...

05 June

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HOW DO I MAKE A CLAIM FOR COMPENSATION FOR DAMAGES TO MY APPLIANCES CAUSED BY ELECTRICAL DISTURBANCES

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in Laws of Trinidad and Tobago

A. 1. Report the damage promptly to your nearest T&TEC Customer Service Centre or Distribution Area. 2. Following a visit by T&TEC’s Consumer Investigator, complete the Claim Form and submit along with copies of documents in support of your claim e.g. repair bills, estimate of repair, invoices, technician’s report, to the relevant Distribution Area Office. 3. You should state accurately, the date and time that the incident occurred and the circumstances surrounding the incident. Indicate also whether any trouble calls were made to T&TEC with respect to the incident. 4. If the item cannot be repaired then you are to submit...

03 June

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SYSTEM OF GOVERNMENT

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in Laws of Trinidad and Tobago

Trinidad and Tobago follows the Westminster model of government and upholds the traditions of parliamentary democracy it inherited from Britain. The country gained independence in 1962 and became a republic in 1976. It is a member of the British Commonwealth. General elections are held at least every 5 years; the democratic transfer of power is peaceful and routine. Legislative power lies with the House of Representatives with 41 elected members, and the Senate with 31 members appointed by the President on the advice of the Prime Minister and Leader of the Opposition; nine of these members are independents. Executive power lies...

03 June

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TRINIDAD & TOBAGO DEATH PENALTY LAWS

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in Laws of Trinidad and Tobago

Chronology of Death Penalty laws in Trinidad and Tobago. 1. The Bill of Rights 1688 expressly prohibits any "cruel and unusual punishment". 2. According to Section 4 of the Offences Against the Person Act (Chapter 11:08) "Every person convicted of murder shall suffer death" and the Criminal Procedure Act (Chapter 12:02) in section 57 provides:− "(1) Every warrant for the execution of any prisoner under sentence of death shall be under the hand and Seal of the President, and shall be directed to the Marshal, and shall be carried into execution by such Marshal or his assistant at such time and place as...

03 June

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ROLE & FUNCTION OF THE INTEGRITY COMMISSION

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in Laws of Trinidad and Tobago

The major role and function of the Commission can be summed up in four key points: Prevention Investigation Enforcement Education and Enlistment of public support The Commission seeks to promote integrity, particularly among “persons in public life” – from the level of Ministers of Government and Members of Parliament to Permanent Secretaries, Chief Technical Officers and members of the Boards of Statutory Bodies and State Enterprises. The Commission is required to regulate the conduct of “persons exercising public functions” through the receipt of declarations of income, assets and liabilities, and by monitoring compliance with the Code of Conduct presented in Part IV of the Integrity in...

03 June

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THE INTEGRITY IN PUBLIC LIFE ACT & GOVERNANCE

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in Laws of Trinidad and Tobago

The Trinidad and Tobago Chamber of Industry and Commerce welcomes the appointment in June, after a considerable absence, of new members of the Integrity Commission. This Commission is an important institution, established by the Constitution of Trinidad and Tobago, with a mandate to “ensure that persons in public life and persons exercising a public function comply with the laws governing integrity in the fulfilment of their duties”. The Chamber therefore shares the public view that the Commission should be regarded in accordance with the importance it deserves. The Chamber is satisfied that, by and large, the Integrity in Public Life Act (the...

03 June

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THE OCCUPATIONAL SAFETY & HEALTH AUTHORITY OF TRINIDAD & TOBAGO

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in Laws of Trinidad and Tobago

Occupational Safety and Health in Trinidad and Tobago has been governed since 1948 via the Factories Ordinance 1948 as amended in 1952. As early as 1973, Trinidad and Tobago examined a number of drafts to amend and review the health and safety law. In 2004, the Occupational Safety and Health Act was assented to, primarily because the existing legislation proved to be narrow in scope, outdated and inappropriate to deal with the expanding industrial sector, and most occupations and workplaces fell far outside the ambit of the legal framework of the Factories Ordinance of 1948. The Occupational Safety and Health...

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