Section 7 of the Police Act 1998 continues the Force established under the former Act, and defines who belongs to it.
Section 7(1) — who the Force consists of
The Force, which shall continue to be known as the Royal Papua New Guinea Constabulary, and which is the same force as that established by the former Act, shall continue to consist of —
- the Commandant;
- the Commissioner of Police;
- commissioned officers and cadet officers;
- non-commissioned officers and constables;
- Reservists;
- Special Constables; and
- members of the Community Auxiliary Police,
as have been appointed under the former Act or are appointed under this Act.
Section 7(2) — the four branches
| Branch | Governed by | Character |
|---|---|---|
| Regular Constabulary Branch | Part V — ss 35–133 | The full-time professional police service |
| Reserve Constabulary Branch | Part VI | Part-time members supplementing the Regular Constabulary |
| Community Auxiliary Police | Part VIII — ss 128–132 | Volunteers serving their own communities — s 129 |
| Special Constables | Part VII | Appointed for particular purposes |
The branch determines which provisions of the Act apply. Three examples:
- Section 22(2) — confinement to barracks and forfeiture of pay may not be imposed on a Reservist, a member of the Community Auxiliary Police, a person in training under section 6(2), or a Special Constable;
- Section 26(3) — transfer to another locality may not be imposed on a member of the Community Auxiliary Police or a Special Constable;
- Section 20(1)(ag) and (ax) — the prohibitions on outside employment and on standing for election apply only to members of the Regular Constabulary Branch.
The Act therefore calibrates its discipline to the nature of the service. A volunteer auxiliary is not subject to the same restrictions as a full-time constable.
Section 8 — the Commandant
(1) The Governor-General in person is the Commandant of the Force.
(2) The Commandant has no power of command, control or direction of the Force.
Subsection (2) is unusual: an office is created and then expressly stripped of any operational authority.
The Commandant is the ceremonial head of the Force, held by the Governor-General as the Head of State’s representative. Operational command rests entirely with the Commissioner of Police, whose superintendence, efficient organisation and control of the Force is provided for by section 198 of the Constitution.
Read section 8(2) together with section 5: except as provided by this or another Act, no person who is not a member of the Force has any power of command within the Force. Together they insulate operational policing from direction by persons outside the Force, including political direction.
Section 7(3) — a State Service
The Force is a State Service under section 188 of the Constitution.
Section 188 of the Constitution establishes the State Services — the National Public Service, the Police Force, the Defence Force and the Parliamentary Service.
Two consequences matter here:
- Appointment of the Commissioner follows section 193 of the Constitution — see the office of Commissioner.
- The Force has its own discipline system in Part IV rather than being subject to the general public service framework. That is why section 27 can make the Commissioner’s decision final in a way that would be unusual in ordinary public employment.
Becoming a member
- Section 4(1) — a person may be appointed a member in accordance with this Act. The detailed provisions for the Regular Constabulary are in Part V.
- Section 4(2) — no person may be appointed until they make and subscribe, in the prescribed manner, the appropriate oath or affirmation in the Schedule.
- Section 6 — the Commissioner may accept a person for training before appointment. Such a person may not undertake operational service until appointed, and the Commissioner may terminate the training at any time. But by section 6(6), sections 20 to 27 apply to them as if they were a member of the Regular Constabulary — so a trainee is subject to the full discipline code.
Section 16 — vesting police powers in others
(1) Where the Commissioner thinks it for any special reason desirable, the Commissioner may, by written notice, vest in a person, or in members of a class of persons, some or all of the powers, functions, duties and responsibilities of a member of the Force under any law.
(2) Such a person is deemed to be a member of the Force in relation to the powers vested.
This allows police powers to be conferred on persons outside the Force — for example inspectors or enforcement officers under other legislation. Two limits are worth noting: the notice must be in writing, and the deeming operates only in relation to the powers vested, not for all purposes of the Act. For the powers members hold generally, see powers and protections of members.
Sources
- Police Act 1998 — ss 4–8, 16, 20, 22, 26, 27, 128–132, 140
- Constitution — ss 188, 193, 198
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.