Division 3 of Part IV of the Police Act 1998 is the formal disciplinary process, and it is the default.
Section 23(1) — serious is the default
Where there is reason to believe that a member has committed a disciplinary offence other than an offence that is or is intended to be dealt with as a minor offence, it shall be dealt with as a serious offence.
Nothing in section 20 marks any of the fifty-odd offences as minor or serious. The division is procedural.
Section 21 allows summary disposal where an officer is of the opinion that the matter could properly be dealt with that way. Section 23(1) then sweeps up everything else.
A matter also becomes serious where a member denies a minor allegation and elects in writing under section 21(2) to have it dealt with as a serious offence.
Section 23(2) — who may charge
A member may be charged by the Commissioner, or by a commissioned officer authorised by the Commissioner to lay charges under section 19.
The person who lays the charge is then excluded from investigating it: section 24(2)(a) requires the disciplinary officer appointed to investigate to be a person other than the person who has charged the member.
Section 23(3) — what the member is entitled to
(a) be furnished promptly with a copy of the charge, which shall, where the member so desires, be explained to the member by a senior officer; and
(b) where the member so requests, be furnished with copies of all reports that are to be considered in relation to the charge; and
(c) be invited —
(i) to reply within 14 days, stating whether he admits or denies the truth of the charge; and
(ii) to give any explanation that he desires to give in regard to it.
| Protection | Minor — s 21 | Serious — s 23 |
|---|---|---|
| Written charge | No — advised of the nature of the allegation | Yes — a copy, furnished promptly |
| Explanation of the charge | — | By a senior officer, on request |
| Access to material | Peruse and copy evidentiary material | Copies of all reports to be considered, on request |
| Time to respond | Not specified | 14 days |
| Decision-maker | The officer dealing with it | The Commissioner, on a disciplinary officer’s report |
| Maximum penalty | K40, 14 days’ confinement, one week’s pay | Dismissal — s 26 |
The entitlement to copies of all reports that are to be considered arises “where the member so requests”. It is not automatic.
A member who is charged should therefore request the reports in writing, promptly — the 14-day reply period runs whether or not the request has been answered.
The same applies to paragraph (a): the charge will be explained by a senior officer only “where a member so desires”.
Note that section 24(4) supplies a continuing entitlement: where the disciplinary officer receives a report that was not available to the member at the time of charging or within seven days after, a copy shall be supplied to the member and the member shall have the right to reply to it.
Section 23(4) — when a charge is deemed furnished
A charge or other documentation is deemed to have been furnished —
(a) where it has been personally served on the member; or
(b) where, it being unreasonable because of distance or any other factor to serve personally, the procedure set out in section 31 has been followed.
Section 31 provides the procedure where the address of a member is unknown. The recognition that personal service may be unreasonable because of distance reflects the geography of policing in Papua New Guinea.
Section 23(5) — the deemed denial
Where a reply is not given within 14 days after personal service, or within 28 days after posting under the section 31 procedure, the member is deemed to have denied the truth of the charge, and the matter shall be dealt with in accordance with section 24.
This is a protective provision. A member who does not respond — because they were on remote duty, on leave, ill, or simply did not receive the charge — is not treated as having admitted it.
The matter proceeds to investigation by a disciplinary officer under section 24, who must consider the reports and form an opinion on whether the charge is sustained. The case still has to be made out.
Note the two different periods: 14 days from personal service, 28 days from posting — the longer period recognising the delay inherent in postal service to remote locations.
The cost of silence is the loss of the opportunity to explain. A member who has an answer should give it within time.
Suspension pending the charge
A member may be suspended under section 28 before, at the time of, or after the laying of a charge, and the suspension must be lifted immediately if the charge is not sustained. Section 29 preserves the member’s entitlement to pay during suspension unless they abscond or the Commissioner orders otherwise.
Sources
- Police Act 1998 — ss 19–26, 28–31
- Constitution — ss 37, 59
Before relying on anything here, read the current text of the Police Act 1998 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.