The Police Act 1998 is the constitutive statute of the Royal Papua New Guinea Constabulary.
How the Act is arranged
| Part | Sections | Subject |
|---|---|---|
| I | 1–6 | Constitutional compliance, definitions, application, appointment, power of command, training |
| II | 7–8 | Composition of the Force and the Commandant |
| III | 9–17 | The Commissioner of Police and the Commissioner’s powers |
| IV | 18–34 | Discipline — offences, minor and serious procedures, penalties, suspension, criminal charges |
| V | 35–133 | The Regular Constabulary — appointment, promotion, leave, retirement, pensions |
| VI–VIII | — | Reserve Constabulary, Special Constables and Community Auxiliary Police |
| IX–X | 133–139 | Employment contracts and offences generally |
| XII | 140–157 | Miscellaneous — powers and protection of members, secrecy, Standing Orders, regulations |
Parts V to IX — roughly a hundred sections — deal with appointment, seniority, promotion, salaries, allowances, leave, furlough, retirement, pensions and employment contracts. In substance they are the terms and conditions of service of the Force.
The parts that matter most to the public are Part III (the Commissioner), Part IV (discipline) and Part XII (powers and protections).
Where police powers actually come from
The Police Act does not confer the everyday powers people associate with policing. Section 16 vests members with the powers, duties, rights and liabilities of a constable, but the substance of those powers is found elsewhere:
- Arrest — the Arrest Act (Chapter 339) and the Criminal Code Act (Chapter 262);
- Search and seizure — the Search Act (Chapter 341);
- Electronic evidence and cybercrime investigation — Part IV of the Cybercrime Code Act 2016; see searching for electronic evidence;
- Bail — the Bail Act (Chapter 340);
- The rights of a person arrested — sections 42 and 37 of the Constitution.
What the Police Act supplies is the institution whose members exercise those powers, and the discipline system that governs how they do it. Section 20 is where misuse of power — unreasonable arrest or search, unnecessary force, discharging a firearm without cause — is dealt with internally.
The Arrest Act (Chapter 339), the Search Act (Chapter 341) and the Bail Act (Chapter 340) are not currently available on PacLII, so no links are given for them here.
Section 1 — the rights the Act restricts
This Act, to the extent that it regulates or restricts a qualified right under Subdivision III.3.C of the Constitution — namely:
(a) freedom from arbitrary search and entry (s 44);
(b) freedom of assembly and association (s 47);
(c) the right to privacy (s 49);
(d) freedom of information (s 51),
is a law made for the purpose of giving effect to the public interest in public safety and public order.
Section 38 of the Constitution requires a law restricting a qualified right to say so expressly and to state the public interest served. Section 1 is the Act’s compliance with that requirement.
Note which rights are named. Freedom of assembly and association (s 47) and freedom of information (s 51) are restricted because the Act limits what members may do: section 20(1)(ab) makes it a disciplinary offence to communicate information obtained as a member or to comment publicly on the administration of the Force, and section 20(1)(ax) prohibits a member of the Regular Constabulary from standing for election or displaying political favouritism.
The same pattern appears in section 1(2) of the Cybercrime Code Act 2016.
The Force is a State Service
The Force is a State Service under section 188 of the Constitution.
That places it alongside the National Public Service, the Papua New Guinea Defence Force and the Parliamentary Service. It carries consequences for the appointment and removal of the Commissioner under sections 193 and 195 of the Constitution, and it is why the Act contains its own discipline system rather than relying on the general public service framework.
The Act applies to and in relation to members of the Force whether inside or outside the country. So a member deployed abroad remains subject to the discipline system in Part IV.
The separate framework for deployment is the Police Force (Presence Abroad) Act 2004 — see when PNG police may serve abroad.
Sections 4 to 6
- Section 4(2) — no person may be appointed a member until they make and subscribe the appropriate oath or affirmation in the Schedule.
- 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. That is an important protection of operational independence.
- Section 6 — the Commissioner may accept a person for training before appointment. Such a person may not undertake operational service until appointed, may be paid an allowance, may have their training terminated at any time — and, by section 6(6), is subject to sections 20 to 27 as if a member of the Regular Constabulary.
Section 155 requires the Act to be applied equally, and section 156 is the regulation-making power.
Sources
- Police Act 1998 — ss 1–8, 16, 20, 140–142, 153–157
- Constitution — ss 37, 38, 42, 44, 47, 49, 51, 188, 193, 195
- Police Force (Presence Abroad) Act 2004; Criminal Code Act (Chapter 262)
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.