Section 94 of the Lukautim Pikinini Act 2015 controls where a child goes.
Section 94(1) — enforcing an order
When enforcing an order under this section, the Office shall, where practicable, in order to ensure the best interests of the child are served, take into account —
(a) the desirability of keeping brothers and sisters in the same family unit; and
(b) the need to maintain contact with the child’s relatives and friends; and
(c) the preservation of the child’s cultural, racial and linguistic heritage; and
(d) the continuity of the child’s education and religion.
| Consideration | What it protects |
|---|---|
| (a) Siblings together | The relationship most likely to last the child’s whole life |
| (b) Contact with relatives and friends | The child’s existing network — see s 5(1)(k) |
| (c) Cultural, racial and linguistic heritage | Identity; mirrors s 5(1)(j) and s 103(2)(h) |
| (d) Continuity of education and religion | Schooling and belief — the child’s daily life beyond the household |
Paragraph (a) heads the list. When a family breaks down, brothers and sisters are frequently split between different placements because no single carer can take them all.
The Act treats that as a harm to be avoided where practicable. A sibling relationship usually outlasts every other relationship in a child’s life.
Paragraph (c) has particular force in Papua New Guinea, with over 800 languages. A child placed outside their own language group loses the ability to speak with their own family — which is why paragraph (b) and paragraph (c) work together.
Section 94(2) — try the family and community first
Where a Court determines that it is necessary to remove the child from the care of a parent or guardian, the Court shall, before making an order for temporary or permanent care under section 97, consider whether it is possible to place the child with —
- a family member;
- a neighbour; or
- other members of the child’s community or extended family,
with the consent of that person.
The Court shall consider community placement before making a temporary or permanent care order. It is not an option the Court may take if raised.
The inclusion of a neighbour alongside family and community is notable. The Act is not confined to blood relations — what matters is that the child stays within a world they know.
The requirement of consent is equally important. No one can be compelled to take a child, and a placement forced on an unwilling carer would serve no one.
It gives concrete effect to section 5(1):
- (d) the preferred environment is the child’s own family;
- (g) the least intrusive intervention consistent with protecting the child;
- (j) where removal is necessary, alternative care within his own family or community, with name, identity, language and cultural and religious ties preserved.
It matches the Director’s own placement powers in section 52(2), which likewise put a member of the child’s family first, and it aligns with section 9(2)(a), under which relatives exercise parental responsibility in accordance with custom.
How section 94 works in a hearing
1. The Court finds the child is in need of protection — section 97(1) and (3).
2. The Court obtains and considers the care plan prepared in writing by the Office — section 98.
3. If removal from the parent or guardian is necessary, the Court must consider community placement under section 94(2) before ordering temporary or permanent care.
4. The Court makes a temporary or permanent order under section 99.
5. In enforcing that order, the Office applies the four section 94(1) considerations.
Because the care plan is prepared by the Office and considered by the Court before any order, section 94 in practice shapes the plan itself: a plan that proposes institutional placement without addressing why no family member, neighbour or community member can take the child is unlikely to survive section 94(2).
Where a placement is made, the Office may contribute towards the child’s upkeep out of the Child Protection Trust Fund under section 100 — which removes cost as a reason for a willing relative to refuse. A child so placed remains a child in care, protected by section 78 and entitled under section 5(1)(k) to maintain close relationships with parents, siblings, extended family, peers, friends and community.
Sources
- Lukautim Pikinini Act 2015 — ss 5, 9, 52, 77, 78, 93–100, 103
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.