Division 3 of Part III of the Lukautim Pikinini Act 2015 establishes the Council that sets policy for the whole child protection system.
Section 16(2) — the thirteen members
| Para | Member |
|---|---|
| (a) | Head of the department responsible for community development and child welfare, or nominee — Chairperson |
| (b) | Head of the department responsible for justice, or nominee |
| (c) | The Chief Magistrate, or nominee |
| (d) | The Public Solicitor, or nominee |
| (e) | The Police Commissioner, or nominee |
| (f) | Head of the department responsible for education, or nominee |
| (g) | Head of the department responsible for health, or nominee |
| (h) | Head of the department responsible for treasury, or nominee |
| (i) | Chairperson of the PNG Chamber of Commerce, or nominee |
| (j) | Chairperson of the PNG Council of Churches, or nominee |
| (k) | President of the National Council for Women, or her nominee |
| (l) | A representative of licensed early childhood care and development centres |
| (m) | A representative of out-of-home care centres |
Members (a) to (h) are the State: welfare, justice, the magistracy, legal aid, police, education, health and treasury. They sit ex officio or by nominee, so the seats do not fall vacant.
Members (i) to (m) are appointed by the Minister for three years and are eligible for reappointment (s 16(4)). They may be paid allowances determined under the Boards (Fees and Allowances) Act (s 16(5)).
The Director is an ex officio member under section 16(3).
The inclusion of the Council of Churches and the National Council for Women reflects who actually delivers child and family services in much of the country.
A person who has been convicted of an offence against children, or is considered by the Director as not being appropriate for appointment, is ineligible to be a member.
Under section 19, an appointed member vacates office on death, on failing to attend three consecutive meetings without leave of the Chairperson, on becoming permanently incapable, on conviction of an offence, or on resigning in writing to the Minister.
Section 17 — the eleven powers
(a) to monitor and enforce this Act; (b) to regulate policies for preventing and responding to violence, abuse, neglect, exploitation and discrimination; (c) to advise the Minister; (d) to report to the Minister; (e) to issue and revoke licences; (f) to protect and promote families; (g) to solicit funding for and authorise research or reviews of performance; (h) to monitor and decide on use of monies from the Fund; (i) to investigate and prosecute where appropriate any complaint relating to abuse of a child; (j) to organise, fund and facilitate the bi-annual Pikinini Bung; (k) to approve guidelines for out-of-home care centres, early childhood care and development centres and foster care homes.
(2) The Council may exercise powers conferred on it by other laws.
A policy council with power to investigate and prosecute complaints of child abuse is not the ordinary pattern. It gives the Council teeth independent of the police, which is significant where a complaint concerns an institution or an official.
Paragraph (e) — issuing and revoking licences — connects to Part IX: see licensing and non-compliance.
Section 18 — the functions
Section 18 largely tracks the objectives in section 4: services promoting sound development; assistance to parents; community structures; collaboration with departments and with voluntary and non-government agencies; protecting and promoting children’s rights; preventing ill-treatment; providing care and protection; ensuring facilities are free of violence; promoting research; and giving effect to the United Nations Convention on the Rights of the Child.
Two functions are distinctive. Paragraph (j) is to promote and protect families so they provide conducive environments for children. Paragraph (l) is to receive and deliberate on matters affecting children identified by children at the Pikinini Bung.
Paragraph (l) is the institutional form of section 5(1)(l) — the child’s right to express views and have them given due weight — carried up to the national level.
Sections 20 to 23 — how it operates
(1) The Council shall meet not less than three times in a year.
(2) The Chairperson shall convene a meeting on the request of at least five members.
(3) The Chairperson presides; in his absence the Deputy Chairperson (appointed at the first meeting under section 20); in the absence of both, a member elected by those present. Seven members is a quorum. Matters are determined by majority of members present and voting, and the person presiding has a deliberative and, on an equality, a casting vote.
(4) Subject to the Act, the Council may prescribe its own procedures and Code of Ethics.
Section 22 — the Council may delegate by instrument to the Director, a Provincial Council or a Committee any of its functions, except the power of delegation.
Section 23 — the Council shall, on or before the end of March each year, give the Minister a report relating to the affairs of children in the country; and the Minister shall, as soon as practicable, present it to the Parliament.
Section 23 is the accountability provision that matters most. It puts an annual account of the condition of the country’s children before Parliament. Under sections 10 and 11 the Minister may give the Council directions consistent with Government policy and not inconsistent with the Act, and may require information about its activities.
Sources
- Lukautim Pikinini Act 2015 — ss 4, 5, 10–28, 77
- Constitution — s 176 (Public Solicitor)
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.