Part V of the Police Act 1998 governs the Regular Constabulary Branch — the full-time professional police service.
Section 43(1) — the requirements
(a) that person provides evidence to the satisfaction of the Commissioner as to their —
(i) health and physical fitness; and (ii) possession of qualifications enabling them to perform the duties of the rank; and (iii) age; and (iv) good character; and
(b) it appears to the Commissioner, after the candidate has undergone a psychological assessment, that the candidate does not have a predisposition to dishonesty, alcoholism, drug abuse, neurosis, instability or violence, or other antisocial traits, and that the candidate will be able to deal with stress; and
(c) where section 39(2) applies to the rank, the person complies with its requirements.
Paragraph (b) is unusual in Papua New Guinean employment legislation. It requires a positive finding by the Commissioner, informed by assessment, on two matters: the absence of the listed predispositions, and the capacity to deal with stress.
Section 43(3) requires the Commissioner to have the assessment carried out by a person the Commissioner deems to be suitably qualified, with provision for the case where no suitably qualified person is available.
The traits listed map directly onto the conduct that section 20 later punishes: dishonesty (paragraphs (v) to (aa), (aq), (ar)), alcohol and drugs (paragraphs (k), (al), (am)), and violence (paragraphs (p), (r)).
Except as otherwise provided in this Act, every appointment to the Force shall be made by the Commissioner.
And section 4(2) adds a further condition: no person may be appointed until they make and subscribe, in the prescribed manner, the appropriate oath or affirmation in the Schedule.
Sections 39 and 40 — qualifications and examinations
A person shall not be appointed, promoted or transferred to a rank in the Regular Constabulary Branch unless that person possesses the qualifications determined by the Commissioner.
By notice in an Official Police Publication, the Commissioner may provide that qualification for appointment or promotion to specified ranks requires a person to —
- (a) have satisfactorily completed a specified course of training; or
- (b) have passed a specified practical examination; or
- (c) have passed a specified theoretical examination; or
- (d) have satisfied a specified combination of those; or
- (e) be qualified as a specialist under section 41; or
- (f) meet any other qualifications not inconsistent with the principles in section 48.
Paragraph (f) is an important limit: the Commissioner’s power to set qualifications cannot be used to defeat the transfer and promotion principles in section 48.
Section 40 allows the Commissioner to hold or authorise examinations, set entry conditions and appoint examiners — and requires adequate notice of an examination by notice in an Official Police Publication.
Official Police Publications are provided for by section 152, and are the medium through which much of the Act’s administration is carried out.
Section 6 — training before appointment
Section 6 allows the Commissioner to accept for training a person who is not a member, and to defer entry into the Force until training is completed satisfactorily.
At the end of the period the Commissioner must either terminate the training or appoint the person as a member — section 6(3). The Commissioner may terminate the training at any time — section 6(7).
Two important consequences:
- Section 6(4) — a person in training shall not undertake operational service until appointed;
- Section 6(6) — sections 20 to 27 apply to a trainee as if he were a member of the Regular Constabulary. So the full discipline code applies before appointment.
A trainee may be paid such allowance as the Commissioner determines — section 6(5). Note that section 22(2)(c) excludes confinement to barracks and forfeiture of pay as penalties for a person in training.
Sections 38 and 42 to 47 — establishment and vacancies
| Section | Subject |
|---|---|
| 38 | Establishment — the Commissioner, after consultation with the Minister, determines the establishment of each rank by notice in an Official Police Publication |
| 41 | Specialists — qualification by specialist expertise |
| 42 | Recruitment |
| 43 | Appointment to the Regular Constabulary |
| 44–45 | Re-appointment of members retired on medical grounds, and of persons who resigned |
| 46 | Filling vacancies after advertisement |
| 47 | Filling vacancies from outside the Force |
Section 38(2) allows the Commissioner to treat Constable and Probationary Constable as a single rank for the purposes of a determination.
Section 38(3) provides that a determination does not have effect so as to reduce the establishment of a rank, or group of ranks, below the number of serving members in that rank at the time. So the establishment cannot be used to displace serving members — reductions can only take effect through attrition.
A person convicted of an offence involving dishonesty, or for which imprisonment was imposed, cannot be appointed or reappointed under section 33(1) — subject to section 34. For advancement after appointment, see how promotions are decided.
Sources
- Police Act 1998 — ss 4, 6, 20–22, 33, 34, 38–48, 152
- Constitution — s 188
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.