The Lukautim Pikinini Act 2015 is the most important piece of family legislation in Papua New Guinea, because it applies to every child — not only to children of a statutory marriage.
“Child” means a person including a boy or girl child under the age of 18 years.
The Matrimonial Causes Act (Chapter 282) reaches children only through a divorce, and section 4 of that Act excludes customary marriages altogether.
The Lukautim Pikinini Act has no such limit. It applies to children of a customary marriage, a statutory marriage, or no marriage at all — and it is administered through the Family Court, which sits as a District Court and is therefore within reach in a way the National Court is not.
Section 121 — four Acts repealed
(a) the Child Welfare Act (Chapter 276);
(b) the Lukautim Pikinini (Child) Act 2009;
(c) the Deserted Wives and Children Act (Chapter 277);
(d) the Infants Act (Chapter 278).
Section 122 — a reference in any other Act to the Child Welfare Act or the 2009 Act is read as a reference to this Act.
Section 123 — a reference to the Child Welfare Council or Lukautim Pikinini Council is read as a reference to the National Child and Family Services Council.
Section 125 — proceedings pending under the repealed Acts do not abate; they continue under this Act.
Section 126 — orders made under the repealed Acts continue in force until they expire, and any variation follows this Act’s procedure.
The fifteen Parts
| Part | Subject |
|---|---|
| I | Preliminary — constitutional compliance, definitions |
| II | Objectives and principles; rights of the child; duty to maintain; parental responsibility |
| III | The Office for Child and Family Services, the Council, and provincial and district bodies |
| IV | Administration — the Director, staff, Child Protection Officers |
| V | Child in need of protection — reporting, investigation, warrants, emergency powers |
| VI | Child labour and exposure or exhibition |
| VII | Transfer of children from corrective institutions |
| VIII | Child friendly practices in prisons |
| IX | Licensing and inspection of early childhood care centres |
| X | The Child Protection Trust Fund |
| XI | General offences |
| XII | The Family Court — hearings, protection orders, parenting orders, guardians, affiliation, maintenance, appeals |
| XIII | Reciprocal international arrangements |
| XIV | Miscellaneous — indemnity, assets, application of other laws |
| XV | Regulations, repeal, savings and transitional |
Section 1 — qualified rights
It regulates or restricts rights under Subdivision III.3.C of the Constitution — freedom from arbitrary search and entry (s 44), freedom of assembly and association (s 47), the right to privacy (s 49), freedom of movement (s 52), and equality of citizens (s 55).
It is made for the purposes of Constitution section 38, taking account of National Goal Number 1 (Integral Human Development) and Basic Social Obligation (h), which places an equal obligation on parents to support, assist and educate their children without discrimination.
Constitution section 38 requires a law that restricts a qualified right to say so expressly and to be reasonably justifiable in a democratic society. Section 1 is that statement.
It matters practically. The search warrant power, the power to remove a child, and the emergency powers all interfere with rights the Constitution otherwise protects. Section 1 supplies their constitutional footing.
Section 119 — where other Acts take over
Where a child (a) is subject to violence and the matter is covered under the Family Protection Act 2013, the provisions of that Act apply; or (b) is the subject of a criminal proceeding, the juvenile courts legislation applies.
The Family Protection Act 2013 is not available on PacLII at the time of writing. The Act as printed refers to the Juvenile Courts Act 2013; the current statute governing children in criminal proceedings is the Juvenile Justice Act 2014.
Section 3 provides that the Act binds the State, and section 120 allows the Head of State, acting on advice, to make regulations. Section 117 provides an indemnity for persons acting in good faith under the Act.
Sources
- Lukautim Pikinini Act 2015 — ss 1–3, 117–126
- Constitution — ss 38, 44, 47, 49, 52, 55; National Goals and Basic Social Obligations
- Juvenile Justice Act 2014
- Matrimonial Causes Act (Chapter 282) — s 4
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.