What Is an Organic Law, and How Is It Different From an Act?

Papua New Guinea has a category of legislation that many countries do not: the Organic Law. Getting the distinction right matters, because whether an instrument is an Organic Law or an ordinary Act changes what majority was needed to pass it, what can override it, and which court decides disputes about it.

The three requirements — section 12(1)

Under the Constitution, an Organic Law is a law made by Parliament that is:

1. for or in respect of a matter for which provision by way of an Organic Law is authorized by the Constitution; and
2. not inconsistent with the Constitution; and
3. expressed to be an Organic Law.

All three are required. Parliament cannot elevate a subject to Organic Law status merely by labelling it one: the Constitution must have authorised an Organic Law on that subject. Conversely, a law that meets the first two conditions but is not expressed to be an Organic Law is an ordinary Act.

Organic Laws are supreme law

Section 11 makes the Constitution and the Organic Laws the Supreme Law. Acts, executive decisions and judicial acts inconsistent with an Organic Law are invalid and ineffective to the extent of the inconsistency. Section 10 requires every Act of Parliament to be read subject to any relevant Organic Law.

How an Organic Law is changed

Section 12(2): an Organic Law may be altered only by another Organic Law, or by an alteration to the Constitution. An ordinary amending Act cannot touch it.

Section 14 then applies the same demanding procedure used for constitutional alteration: the proposed Organic Law must be supported on a division by the prescribed majority of votes on at least two occasions after opportunity for debate on the merits, at different meetings of Parliament separated by at least two months, with the proposed law published in full in the National Gazette and circulated to all members not less than one month before it is formally introduced.

What an Organic Law may contain

Section 12(4) is generous. Where the Constitution authorises an Organic Law on a matter, the Organic Law may make full provision for all aspects of that matter even if not every aspect was expressly mentioned — except where the Constitution expressly limits the aspects that may be dealt with. It may also impose conditions, restrictions or modifications, unless the Constitution expressly says it may not.

Section 12(3) adds flexibility in the other direction: an Organic Law may make provision that an Act could make, or require an Act to make provision. But any such provision may be altered by the same majority required for any other Act — so ordinary content inside an Organic Law does not acquire entrenched status merely by its location.

The Organic Laws of Papua New Guinea

The principal Organic Laws currently in force include:

• Organic Law on the Duties and Responsibilities of Leadership — the operative Leadership Code machinery
• Organic Law on the Ombudsman Commission
• Organic Law on National and Local-level Government Elections
• Organic Law on the Integrity of Political Parties and Candidates
• Organic Law on Provincial Governments and Local-level Governments
• Organic Law on the Judicial and Legal Services Commission
• Organic Law on Certain Constitutional Office-holders
• Organic Law on the Guarantee of the Rights and Independence of Constitutional Office-holders
• Organic Law on Peace-Building in Bougainville
• Organic Law on the Sovereign Wealth Fund 2015
• Organic Law on the Advisory Committee on the Power of Mercy
• Organic Law on the Internment Tribunal
• Organic Law on Immediate and Transitional Constitutional Provisions

Others deal with provincial boundaries, the boundaries of the National Capital District, the nomination of the Governor-General, the number of Ministers, residence, and the terms and conditions of employment of judges and of the Governor-General.