Prime Minister and National Executive Council Act 2002

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(a) to implement Section 143 (Acting Prime Minister) of the Constitution by providing for –

(ii) the Deputy Prime Minister or another Minister to be the Acting Prime Minister in certain circumstances; and

(b) to provide for the suspension from office of the Prime Minister pending an investigation for the purposes of Section 142(5) of the Constitution; and

(d) to provide for the establishment and functions of the Department of the Prime Minister and National Executive Council; and

(e) to establish the office of Chief Secretary to Government and to provide for its functions and powers; and

(f) to provide for the office of Secretary to the National Executive Council and for its functions and powers; and

(g) to provide for the establishment of the Central Agencies Co-ordination Committee and for its functions and powers; and

(h) to provide for implementation of decisions of the National Executive Council; and

MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Prime Minister.

This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights of the Constitution, namely –

(a) the right to freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and

is the law that is made for the purpose of giving effect to the public interest in public order and public welfare.

“Acting Prime Minister” means an Acting Prime Minister appointed by Subsection (1) or under Subsection (2);

“Central Agencies Coordination Committee” means the Central Agencies Co-ordination Committee established by Section 24;

“Chief Secretary to Government” means the Chief Secretary to Government under Section 19;

“Deputy Prime Minister” means the Deputy Prime Minister appointed under Section 3;

“National Security Advisory Committee” means the National Security Advisory Committee established under Section 11;

“National Security Council” means the National Security Council established under Section 8;

“public body” means any body, authority or instrumentality (corporate or unincorporated) established by or under a Constitutional Law or Act other than –

(a) A Constitutional office-holder or the Office of a Constitutional office-holder; or

(b) a body, authority or instrumentality incorporated or continued in existence under the Companies Act 1997.

(1) The office of Deputy Prime Minister established by the Prime Minister Act 1975 continues in establishment.

(2) The Deputy Prime Minister shall be appointed by the Head of State, acting with, and in accordance with, the advice of the Prime Minister.

(a) may be dismissed from office by the Head of State acting with, and in accordance with, the advice of the Prime Minister; and

(4) The Deputy Prime Minister may resign from office by written notice to the Head of State.

(iii) otherwise unable or not readily available to perform the duties of his office,

(2) At any time when any of the circumstances referred to in Subsection (1)(a), (b) or (c) occurs and –

(iii) otherwise unable or not readily available to perform the duties of Acting Prime Minister,

the Head of State, acting on advice, shall appoint a Minister to be the Acting Prime Minister for the period during which that circumstance continues to exist.

The allowances payable to the Deputy Prime Minister or a Minister while he is the Acting Prime Minister are as determined from time to time by the Parliament in accordance with a recommendation by the Salaries and Remuneration Commission.

(1) The Head of State, acting on advice, may, on a matter relating to the health of the Prime Minister, request the National Authority responsible for the registration and licensing of medical practitioners to appoint two medical practitioners to examine the Prime Minister and to provide him with full details of the examination, together with their joint certification that the Prime Minister –

(a) is unfit or unable, by reason of physical or mental incapacity, to carry out the duties of his office, and as to how long they consider that the unfitness or inability will continue to exist; or

(2) The Head of State, acting on advice, may, where he has called for a report under Subsection (1), suspend the Prime Minister from office.

(3) The medical practitioners referred to in Subsection (1) shall report to the Head of State as soon as practicable, but in any event no later than 28 days, after the date of their appointment.

(4) If the Prime Minister refuses to be examined by the medical practitioners referred to in Subsection (1) his is guilty of misconduct in office within the meaning of Division III.2 (Leadership Code) of the Constitution.

(5) Where the medical practitioners referred to in Subsection (1) certify that the Prime Minister –

(b) although suffering from mental or physical incapacity is still able to carry out his duties,

(6) Where the medical practitioners referred to in Subsection (1) certify that –

(a) the Prime Minister is unfit or unable, by reason of physical or mental incapacity, to carry out the duties of his office; and

(b) the unfitness or inability will, in their opinion, continue to exist for a period of more than three months from the date on which he was examined by them,

the Head of State shall forward the report of the medical practitioners, together with their certification, to the Speaker for presentation to the Parliament, and the Prime Minister is suspended from office until the Parliament has dealt with the matter.

(7) Where the medical practitioners referred to in Subsection (1) certify that –

(a) the Prime Minister is unfit or unable, by reason of physical or mental incapacity, to carry out the duties of his office; and

(b) the unfitness or inability will, in their opinion, last for not more than three months from the date on which he was examined by them,

the Head of State, acting on advice, shall direct the medical practitioners to conduct another examination of the Prime Minister at the end of the period for which the unfitness or inability is expected to last, and the Prime Minister is suspended from office until he is certified to be fit to carry out his duties.

(8) Where, on any second or subsequent examination, the medical practitioners referred to in Subsection (1) certify that the unfitness or inability of the Prime Minister will, in their opinion, continue to exist for a period of more than three months measured from the date on which he was first examined by them, the Head of State, acting on advice, shall forward the report of the medical practitioners together with their certification to the Speaker for presentation to the Parliament and the Prime Minister is suspended from office until the Parliament has dealt with the matter.

(9) Where the Speaker has received a report under Subsection (6) or (8), he shall present it to the Parliament on the first sitting day of the Parliament after he receives it.

(10) If the Parliament is not meeting when the Speaker receives the report and is not due to meet for more than 14 days after that time, a meeting shall be called as soon as practicable.

(11) Where a report is presented to the Parliament under Subsection (6) or (8), the Parliament may advise the Head of State to remove the Prime Minister from office.

PART 3. – NATIONAL SECURITY COUNCIL AND NATIONAL SECURITY ADVISORY COMMITTEE.

“active measures of foreign intervention” means clandestine or deceptive action taken by or on behalf of a foreign power to promote the interests of that power;

“activities prejudicial to security” includes activities concerning which Papua New Guinea has responsibilities to a foreign country in respect of security;

“Committee” means the National Security Advisory Committee established by Section 11;

“Organization” means the National Intelligence Organization established under Section 6 of the National Intelligence Organization Act 1984;

(b) the carrying out of Papua New Guinea’s responsibilities to any foreign country in relation to a matter contained in Paragraph (a);

“seditious enterprise” has the meaning given to it in Section 46 of the Criminal Code Act 1974;

(a) acts of violence for the purpose of achieving a political objective in Papua New Guinea or in a foreign country (including acts of violence for the purpose of influencing the policy or acts of a government in Papua New Guinea or in a foreign country); and

(b) training, planning, preparations or other activities for the purposes of violent subversion in a foreign country or for the purposes of the commission in a foreign country of other acts of violence of a kind referred to in Paragraph (a); and

(c) acts that are offences punishable under any law relating to internationally protected persons, the hi-jacking of aircraft or the protection of aircraft.

(1) The National Security Council established Section 3 of the National Intelligence Organization Act 1984 continues in establishment.

(3) The Chairman may co-opt such other Ministers to be members of the Council from time to time as he considers necessary.

(4) Where the Council is considering an application for a warrant under Part VI of the National Intelligence Organization Act 1984, the Minister responsible for justice matters shall be deemed to be a member of the Council.

(a) to determine and direct the action to be taken in respect of matters affecting the sovereign integrity and security of Papua New Guinea and the security of its people; and

(b) to provide guidance and direction to those elements of Government which are responsible for –

(iii) providing defence against military attack or armed incursions into Papua New Guinea’s sovereign territory or the use of military pressures against Papua New Guinea or activities designed to undermine the security of Papua New Guinea and its people; and

(4) Where at a meeting of the Council a decision is taken in respect of the issuing of a warrant under Part VI of the National Intelligence Organization Act 1984 any member not present at that meeting shall be advised of the decision at the earliest possible opportunity.

(5) Subject to this section, the procedures of the Council are as decided by the Council.

(b) the Departmental Head of the Department responsible for personnel management matters, who shall be Deputy Chairman; and

(d) the Departmental Head of the Department responsible for national planning and monitoring; and

(f) the Departmental Head of the Department responsible for provincial and local-level government affairs; and

(g) the Departmental Head of the Department responsible for defence matters; and

The functions of the committee are to assist, advise and report to the Prime Minister and the Council on –

(a) matters directly affecting the sovereignty, unity and security of Papua New Guinea; and

(b) development of Government objectives on security into policies and programmes; and

(d) preparation of security and intelligence programmes and projects including the financing and implementation of such programmes and project; and

(e) monitoring, evaluation and reporting on implementation of Government’s development policies, programmes and project on security, including at agency level; and

(f) action on security, defence and intelligence tasks and activities as determined by the Council; and

(g) management of crisis situations created by security threats against the sovereignty of Papua New Guinea and against other security interests.

(1) The Committee may, at any time, for the purpose of the performance of its functions under this or any other Act –

(c) question an officer who appears likely to have information relevant to the functions of the Committee and require such officer –

(ii) to produce documents within his possession or subject to his control where such documents are,

(e) issue to a Departmental Head or to the head of a public body directions relative to the functions of the Committee.

(a) Departmental Heads and heads of public bodies shall give effect to any direction issued by the Committee under Subsection (1)(e); and

(b) Departmental Heads, heads of public bodies and officers of the National Public Service or of a public body shall co-operate with the Committee in the performance of its functions and exercise of its powers under this Act or any other law.

(2) The Chairman or in his absence the Deputy Chairman, shall preside at a meeting of the Committee.

(3) The quorum for a meeting of the Committee is the Chairman or Deputy Chairman and two other members.

(4) Subject to this section, the procedures of the Committee are as determined by the Committee.

A Secretariat to the Commission shall be established within the Department of the Prime Minister and National Executive Council and shall consist of officers of that Department.

The Department of the Prime Minister and national Executive Council, previously established by the Public Services (Management) Act 1995, continues in establishment as a Department within the National Public Service and is deemed to have been established under this Act.

Subject to the provisions of Section 19(3), the Chief Secretary to Government is the Departmental Head of the Department of Prime Minister and National Executive Council.

(1) Subject to Subsection (2), the Head of State, acting on advice, shall determine the functions of the Department of the Prime Minister and National Executive Council.

(2) Until a determination is made under Subsection (1), the functions of the Department of the Prime Minister and National Executive Council are as specified in the Schedule.

(1) There is established within the National Public Service an office of Chief Secretary to Government.

(2) The substantive holder of the office of Departmental Head of the Department of the Prime Minister and National Executive Council is the Chief Secretary to Government.

(3) Where an acting appointment of Chief Secretary to Government is necessary, the appointment shall be made from one of the members of the Central Agencies Co-ordination Committee referred to in Section 24(2)(b) to (f) inclusive, but the acting Chief Secretary to Government shall not hold the office of acting Departmental Head of the Department of the Prime Minister and National Executive Council.

(4) The Chief Secretary to Government is the senior officer of the National Public Service.

(a) to be the principal adviser to the Prime Minister and to the National Executive Council; and

(b) to co-ordinate policies and initiatives of the National Executive Council; and

(c) to ensure that decisions, directions and policies of the National Executive Council are implemented by the National Public Service and by public bodies; and

(d) to ensure that the National Public Service and public bodies perform effectively and are accountable to the National Executive Council and to the Parliament; and

(f) such other functions as are determined by the National Executive Council, or any other law.

(1) The Chief Secretary to Government may at any time, for the purpose of the performance of his functions under this Act or any other law –

(b) question a person who appears likely to have information relevant to the functions of the Chief Secretary to Government; and

(d) require any person to produce documents within his possession or subject to his control where such documents are relevant to the functions of the Chief Secretary to Government; and

(f) issue direction relative to his functions to a Departmental Head and to the head of a public body.

(2) All Departmental Heads, heads of public bodies and officers of the National Public Service and of public bodies shall –

(a) co-operate with the Chief Secretary to Government in the performance of his functions and the exercise of his powers under this Act; and

(1) The Chief Secretary to Government shall, no later than 31 March in each year, give to the Prime Minister, for presentation to the National Executive Council, a report in respect of implementation by the National Public Service and public bodies, during the year ending 31 December preceding, of Governmental policies and decisions.

(2) Nothing in Subsection (1) prevents the Chief Secretary to Government from making, on his own initiative or at the direction of the Prime Minister, other reports on the implementation, by the National Public Service and public bodies, of Governmental policies and decisions.

(1) The office of Secretary to the National Executive Council is established by Section 150 of the Constitution.

(2) The Secretary to the National Executive Council is appointed in accordance with Section 193(3) of the Constitution.

(b) to provide secretarial services to committees of the National Executive Council; and

(c) to receive submissions to the National Executive Council and to ensure their compliance with procedures of the National Executive Council; and

(d) to assist in the co-ordination of implementation of decisions of the National Executive Council; and

(e) such other functions as are determined by the National Executive Council or as are specified in any law.

(4) The Secretary to the National Executive Council has full powers necessary to enable the performance of the functions specified in Subsection (3).

(5) All Departmental Heads, heads of public bodies and officers of the National Public Service and of public bodies shall –

(a) co-operate with the Secretary to the National Executive Council in the performance of his functions and the exercise of his powers under this Act; and

(1) There is established within the National Public Service a Central Agencies Co-ordination Committee.

(b) the Departmental Head of the Department responsible for treasury matters, who is the Deputy Chairman; and

(d) the Departmental Head of the Department responsible for planning and implementation matters; and

(e) the Departmental head of the Department responsible for justice matters; and

(f) the Department head of the Department responsible for Provincial and Local-level Government affairs.

(a) to assist the Prime Minister, the National Executive Council and committees (including the National Planning Committee) established by the National Executive Council in carrying out their respective functions by reviewing and making recommendations on any matters requiring their attention, including submissions to the National Executive Council; and

(b) to ensure that decisions made by the National Executive Council are implemented and to report to the National Executive Council on the progress of implementation; and

(d) to co-ordinate formulation and implementation of the National Budget including the Public Investment Programme; and

(e) to co-ordinate and supervise the formulation, implementation and reporting on the Government’s Structural Reform Programme including matters relating to negotiations with international agencies; and

(f) to review and report on the performance and management of individual Departments and agencies of Government including Provinces; and

(g) to review and recommend appropriate measures, strategies and positions to be adopted by the State in relation to disputes, industrial relations and claims and legal proceedings and in settlement of legal proceedings; and

(h) to undertake investigations and produce reports on any matters required of it by the Prime Minister, the National Executive Council or any committee (including the National Planning Committee) established by the National Executive Council; and

(i) to undertake negotiations with other parties on matters falling within its functions; and

(j) to be responsible for performance management within the National Public Service and public bodies, including ensuring the timely preparation of annual reports by Departments and public bodies and their submission to the National Executive Council; and

(k) to perform such other functions or tasks as are conferred on it by any other law or as are referred to it by the Prime Minister, the National Executive Council or any committee (including the National Planning Committee) established by the National Executive Council.

(1) A member of the Central Agencies Co-ordination Committee may at any time, for the purpose of the performance of the functions of the Central Agencies Co-ordination Committee –

(b) question a person who appears likely to have information relevant to the functions of the Central Agencies Co-ordination Committee; and

(c) require any person to provide information relative to the functions of the Central Agencies Co-ordination Committee; and

(d) require any person to produce documents within his possession or subject to his control where such documents are relevant to the functions of the Central Agencies Co-ordination Committee; and

(f) require a Departmental Head, a head of a public body or a Provincial Administrator to appear before the Central Agencies Co-ordination Committee.

(2) The Central Agencies Co-ordination Committee may, to assist in the performance of its function under Section 25, establish such committees or specialized units as it considers necessary.

(3) All Departmental Heads, heads of public bodies, Provincial Administrators and officers of the National Public Service and of public bodies shall co-operate with the Central Agencies Co-ordination Committee in the performance of its functions and the exercise of its powers under this Act.

(a) the Chairman, or in his absence, the Deputy Chairman shall preside, and in the absence of both the Chairman and the Deputy Chairman, the Departmental Head of the Department of Personnel Management shall preside; and

(b) all matters shall be determined by a majority of votes of those present and voting, and in the event of an equality of votes on any matter, the member presiding has a deliberative vote and also a casting vote.

(a) shall meet as often as the business of the Central Agencies Co-ordination Committee requires, but shall meet at least once in each week; and

(1) The Central Agencies Co-ordination Committee shall, no later than 31 March in each year, give to the Prime Minister, for presentation to the National Executive Council, a report in respect of the performance by the Central Agencies Co-ordination Committee of its functions during the year ending 31 December preceding.

(2) Nothing in Subsection (1) prevents from Central Agencies Co-ordination Committee from making, on its own initiative or at the direction of the Prime Minister, other reports on the implementation by the National Public Service and public bodies, of Governmental policies and decisions.

A member of a Committee or Council established under this Act or any officer or employer or agent of that Committee or Council is not personally liable for any act or default of himself or that Committee or Council done or omitted to be done in good faith and in the course of the operation of that Committee or Council or for the purposes of that Committee or Council.

The Head of State, acting on advice, may make regulations not inconsistent with this Act prescribing all matters that by this Act are required to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The Deputy Prime Minister appointed under the Prime Minister Act 1975 repealed by Section 31, and holding office as such immediately prior to the coming into operation of this Act, shall, on that coming into operation, continue to hold office as Deputy Prime Minister as if appointed under this Act under the termination of his appointment according to law.

The Chief Secretary to Government, appointed under the Public Services (Management) Act 1995 and holding office as such immediately prior to the coming into operation of this Act, shall, on that coming into operation, continue to hold office as Chief Secretary to Government as if appointed under this Act until the termination of the appointment according to law.

1. Provide appropriate advice and information to the Prime Minister on Government operations.
2. Co-ordinate National Executive Council affairs
3. Direct the operations of the National Security Organisation.
4. Administer the Government Flying Unit.
5. Provide administrative services for the Governor -General.
6. Provide services to the Secretary of the National Executive Council, the office of Legislative Counsel, the National Intelligence Organization and the Central Agencies Co-ordination Committee.
7. Provide administrative services to Ministers.
8. Provide and maintain security of Government Buildings.
9. Provide Parliamentary liaison.
10. Provide services to standing and ad hoc organization relating to the functions of the Department.
11. Primarily responsible for managing all policies relating to the operation of the Government.
12. Act as focal point for consultation with the private sector
13. Administer all appropriate legislation pertaining to information.

15. Control the percentage of imported overseas material for broadcast by the electronic media.
16. Liaise with statutory authorities responsible for information and with media organizations and agencies.
Office of Legislative Counsel, PNG

Papua New Guinea Consolidated Legislation

Prime Minister and National Executive Council Act 2002