People often assume the Governor-General is a reserve of independent authority — a check that can be exercised in a crisis. Under the Constitution of Papua New Guinea, that is not how the office works.
Section 86(2) — the controlling rule
Except as provided by section 96(2) (terms and conditions of employment), in the exercise and performance of his privileges, powers, functions, duties and responsibilities the Head of State shall act only with, and in accordance with, the advice of the National Executive Council, or of some other body or authority prescribed by a Constitutional Law or an Act of the Parliament for a particular purpose.
The word is only. There is no residual category of personal discretion, and section 86(1) confirms it: the privileges, powers, functions, duties and responsibilities of the Head of State are as prescribed by or under Constitutional Laws and Acts of the Parliament. There are no unwritten reserve powers.
What happens if the advice is not followed
Section 94(1)(a) supplies the answer. The Governor-General may be suspended from office by the National Executive Council if they refuse or fail to act in accordance with advice they are obliged to follow, or act or purport to act contrary to, or without, such advice.
The Prime Minister must then immediately inform the Speaker, and Parliament must take up the suspension and possible dismissal as its first item of business. See how the Governor-General is chosen and removed.
Section 86(3) and (4) — the paperwork and the secrecy
- 86(3) Any instrument made by or in the name of the Head of State shall recite that it is made with, and in accordance with, the advice of the NEC or other body — but failure to comply does not affect the validity of the instrument. The recital is good practice, not a condition of validity.
- 86(4) The question what (if any) advice was given to the Head of State, or by whom, is non-justiciable.
Subsection (4) matters in litigation. You cannot challenge an appointment or proclamation by seeking to prove that the NEC gave particular advice, or none. The courts will not inquire into it. What can be examined is whether the power itself existed and whether its preconditions were met.
Where the decisions are really made
| Function | Decided by |
|---|---|
| Appointing the Prime Minister | NEC advice given in accordance with a decision of the Parliament |
| Appointing and revoking the appointment of Ministers | On the advice of the Prime Minister |
| Appointing the Governor-General | NEC advice given in accordance with a decision of the Parliament |
| Appointing judges | The Judicial and Legal Services Commission |
| The power of mercy | NEC, having considered a report of the Advisory Committee on the Power of Mercy |
| Dismissing a leader after a leadership tribunal | Bound by the tribunal’s recommendation (s 28(2)) |
| Declaring a national emergency | NEC, subject to parliamentary supervision under Part X |
Section 96(2) — the one carve-out
Section 86(2) opens with “Except as provided by Section 96(2)”, which concerns the terms and conditions of employment of the Governor-General. The point of the exception is straightforward: the Governor-General should not be obliged to act on the advice of the government of the day in a matter concerning their own remuneration and conditions. Those matters are dealt with by the Organic Law on the Terms and Conditions of Employment of the Governor-General, alongside the protections for constitutional office-holders.
So what does the office actually do?
- Authenticates. Appointments, commissions, proclamations and instruments take effect in the name of the Head of State.
- Completes constitutional processes. Parliament nominates, the NEC advises, the Head of State appoints — and the sequence is what makes the appointment valid.
- Represents the State, taking precedence immediately after the Head of State under section 84.
- Provides continuity across changes of government, on a fixed six-year term that does not follow the electoral cycle.
Whenever the Constitution says the Head of State does something, read on for the words “acting with, and in accordance with, the advice of”. Whoever is named there is the decision-maker. That is the single most useful habit for reading Part V and everything that depends on it.
Sources
- Constitution — ss 28(2), 82–96, 142, 144, 151, 152, 228
- Organic Law on the Terms and Conditions of Employment of the Governor-General
- In re Reference by East Sepik Provincial Executive [2011] PGSC 41; SC1154
Constitutional sections are amended. Before relying on anything here, read the current text: the Constitution on PacLII. If a decision matters to you, get advice — start with the Office of the Public Solicitor.