Part II of the Lukautim Pikinini Act 2015 tells every person administering the Act how to read it.
Section 4 — the thirteen objectives
(a) services and means promoting the sound physical, psychological and social development of children; (b) appropriate assistance to parents in performing their responsibilities; (c) to protect, promote and strengthen family; (d) to use, strengthen and develop community structures; (e) collaboration with other government departments; (f) collaboration with voluntary agencies and non-government organisations; (g) to protect and promote the rights of children; (h) to prevent ill-treatment, abuse, neglect and exploitation; (i) care and protection for children suffering it; (j) to ensure services and facilities provide an environment free of violence and exploitation; (k) to promote research; (l) to give effect to the United Nations Convention on the Rights of the Child and related conventions; (m) generally, to promote the well-being of children.
The Act is expressly a vehicle for the Convention on the Rights of the Child. That explains a good deal of its structure — the paramountcy principle, the child’s right to be heard, the emphasis on family preservation, and the protection of the child’s identity, language and culture.
Objectives (c), (d) and (e) equally reflect Papua New Guinean conditions: the Act works through family and community structures, not around them.
Section 5(1) — how the Act is interpreted and administered
In all actions and decisions made under the Act concerning a particular child, the best interests of the child must be the paramount consideration, and where any conflict arises between the interests of the child and another person, the interests of the child are paramount.
| Para | Principle |
|---|---|
| (a) | Best interests paramount, and paramount over anyone else’s interests |
| (b) | Right to be protected from all forms of abuse, neglect and maltreatment |
| (c) | Equal opportunity and access to education for all children |
| (d) | The preferred environment is the child’s own family; responsibility rests primarily with parents |
| (e) | The relationship between child and family should be maintained and strengthened |
| (f) | Support the family wherever practicable so the child may remain with it |
| (g) | The least intrusive intervention consistent with protecting the child from harm |
| (h) | Interventions aimed at remedying the situation and returning the child, unless contrary to best interests |
| (i) | A child deprived of family environment is entitled to special protection and assistance |
| (j) | On removal, prefer care within the family or community; preserve name, identity, language, cultural and religious ties |
| (k) | A child in care keeps close relationships with parents, siblings, extended family, peers, friends and community |
| (l) | A child able to form views must be given the opportunity to express them freely, given due weight |
| (m) | Account taken of the child’s culture, ability, language and religion |
| (n) | Decisions made and implemented expeditiously, having regard to the child’s sense of time |
| (o) | The Social Obligations in the Constitution must be considered |
The Act is not designed to take children from their families. Its default is that the child stays, with support: (d) the family is preferred, (f) support the family so the child can remain, (g) intervene as little as possible, (h) aim at return.
Only when the child cannot be protected within the family does removal follow — and then (j) prefers placement within the family or community, and preserves the child’s identity.
This is the frame within which the placement considerations in section 94 and the protection orders in section 99 operate.
Section 5(2) — the child’s right to participate
(a) adequate information in a manner and language the child understands — about the decisions to be made, the reasons for intervention, how the child can take part, and any complaint mechanisms;
(b) the opportunity to express his views freely according to his abilities;
(c) any assistance necessary for the child to express those views;
(d) information as to how his views will be recorded and taken into account;
(e) information about the outcome and a full explanation of the reasons;
(f) an opportunity to respond to the decision.
Subsection (6) qualifies the whole scheme: in applying these principles, due regard must be given to the age and the psychological capacity of the child.
Sections 5(4) and 5(5) — what parents must do
(a) safeguard and promote the child’s health, development and welfare; (b) provide education and guidance appropriate to the child’s stage of development; (c) ensure adequate nutrition, clothing, shelter, immunisation and medical attention; (d) protect the child from discrimination, violence, abuse, neglect, exploitation and harmful social or customary practices; (e) protect the child from employment or activity harmful to health, education or development; (f) ensure that in a parent’s temporary absence the child is cared for by a person known and trusted by the parents or guardians.
A parent, the Office and any other person must ensure the child is not subject to discrimination on any ground — including the child’s or the parent’s race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, property, disability, illness, birth or any other status.
Section 5(3) sets out the twelve circumstances relevant to a best-interests determination; those are examined in the best interests of the child, alongside the fuller list in section 103. On the duty to maintain, see section 8; on who exercises parental responsibility, section 9.
Sources
- Lukautim Pikinini Act 2015 — ss 4–9, 94, 99, 103
- Constitution — National Goals and Basic Social Obligations
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) 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.