HomeFamily lawChildren's rights

What Is the Lukautim Pikinini Act 2015?

Papua New Guinea’s principal child protection statute. It repealed four earlier Acts, created the Office for Child and Family Services and the Family Court, defines when a child is in need of protection, and applies to every child under 18 regardless of the parents’ marital status.

The family law series, no. 101 · Children: rights, principles and institutions · 5 min read

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.

The central definition — section 2

“Child” means a person including a boy or girl child under the age of 18 years.

Why the Act matters so much

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Section 121 — four Acts repealed

Repealed on commencement

(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).

Older references still work

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Section 125 — proceedings pending under the repealed Acts do not abate; they continue under this Act.

Section 126 — orders made under the repealed Acts continue in force until they expire, and any variation follows this Act’s procedure.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

Structure of the Lukautim Pikinini Act 2015
PartSubject
IPreliminary — constitutional compliance, definitions
IIObjectives and principles; rights of the child; duty to maintain; parental responsibility
IIIThe Office for Child and Family Services, the Council, and provincial and district bodies
IVAdministration — the Director, staff, Child Protection Officers
VChild in need of protectionreporting, investigation, warrants, emergency powers
VIChild labour and exposure or exhibition
VIITransfer of children from corrective institutions
VIIIChild friendly practices in prisons
IXLicensing and inspection of early childhood care centres
XThe Child Protection Trust Fund
XIGeneral offences
XIIThe Family Court — hearings, protection orders, parenting orders, guardians, affiliation, maintenance, appeals
XIIIReciprocal international arrangements
XIVMiscellaneous — indemnity, assets, application of other laws
XVRegulations, repeal, savings and transitional

Section 1 — qualified rights

The Act restricts five qualified rights

It regulates or restricts rights under Subdivision III.3.C of the Constitutionfreedom 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.

Why section 1 is there

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

Section 119

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

Check the section yourself

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.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.