Part X of the Police Act 1998 creates offences committed mostly by people outside the Force.
The six offences
| Section | Conduct | Penalty |
|---|---|---|
| 134 | Making a false representation in applying for appointment as a member | K500 or 3 months |
| 135 | Inducing or attempting to induce a member to neglect or omit to perform a duty | K500 or 3 months |
| 136 | Causing disaffection; fomenting or taking part in a police strike; inducing a member to withhold services or breach discipline | Imprisonment up to 5 years |
| 137 | Non-member in possession of arms, accoutrements, badge or uniform, or falsely representing themselves to be a member | K500 or 3 months |
| 138 | Non-member wearing a uniform or a colourable imitation of one | K500 or 3 months |
| 139 | Unlawfully selling or supplying a uniform or imitation, or employing or inducing a non-member to wear one | K1,000 or 6 months |
Section 139 carries double the fine and double the imprisonment of section 138. The Act treats the person who puts uniforms into circulation as more culpable than the individual who wears one.
Section 137 is wider than section 138: it covers arms, accoutrements and badges as well as uniform, and separately covers impersonation — assuming the description or designation of a member, or falsely pretending to be one. Both are subject to “without lawful excuse”.
Section 145 separately provides for badges, and section 143 for the Royal Papua New Guinea Constabulary Valour Medal.
Section 136 — causing disaffection and police strikes
(a) causes or attempts to cause, or does an act calculated to cause, disaffection among members of the Force; or
(b) counsels or foments or attempts to counsel or foment a strike (whether or not a strike actually occurs), or aids, abets or takes part in a strike that interferes with or prevents, or is intended or calculated to interfere with or prevent, the carrying on of any part of the duties or functions of the Force; or
(c) induces or attempts to induce, or does an act calculated to induce, a member to withhold or limit his services or to commit a breach of discipline,
is guilty of an offence. Penalty: imprisonment for a term not exceeding five years.
Five years’ imprisonment, with no fine option. By comparison, the maximum fine for a serious disciplinary offence is K200, and the other Part X offences carry three or six months.
Note the breadth of paragraph (b): the offence is complete on counselling or fomenting a strike, whether or not such strike actually occurs.
Section 136(3) defines strike widely — discontinuing duties wholly or partially, breaking conditions of employment, refusing to resume, refusing engagement in usual work, or reducing normal output or normal rate of work — where done through any combination, agreement, common understanding or concerted action, express or implied. A coordinated go-slow is a strike.
The definition excludes an industrial organisation meeting allowed under any law or authorised by the Commissioner.
Section 136(4): this section and section 20(1)(aw) apply notwithstanding any provision of the Industrial Relations Act (Chapter 174) or any other law — so the general industrial framework does not authorise police industrial action.
Subsection (1) does not apply to a person who, in good faith —
(a) points out, or endeavours to point out, errors or defects in, or desirable alterations or improvements to, laws, regulations or working conditions governing members of the Force; or
(b) induces members to attempt to procure by lawful means the alteration of any of those laws, regulations or working conditions.
Advocacy for better police pay, conditions or laws is protected, provided it is done in good faith and, under paragraph (b), pursued by lawful means.
That matters constitutionally. Section 1(b) acknowledges that the Act restricts freedom of assembly and association under section 47 of the Constitution, and section 136 is the principal provision doing so. Section 136(2) is what keeps the restriction within the bounds of section 38 of the Constitution by preserving lawful advocacy.
The line is between arguing for change — protected — and withdrawing labour to force it — an offence.
Section 142 — secrecy of records
Notwithstanding any other law, the Commissioner shall not make available to any person, not being a member of the Force or of a Police Promotions Selection Board —
(a) any official record kept by the Force; or
(b) any information obtained by a member in his official capacity,
that the Commissioner thinks should be privileged — unless for some special reason the Commissioner thinks it proper to make it available, or a court of competent jurisdiction orders that it be made available.
(2) This does not affect the operation of the Audit Act 1989.
A court can order disclosure. The prohibition is expressly subject to an order of a court of competent jurisdiction, so section 142 is not an obstacle to discovery or subpoena in litigation.
The Promotions Board is excepted. That is necessary for section 53(2), which requires the Commissioner to give the Board all files, reports and documents, and any other information relevant to every qualified member.
Section 142 works alongside section 20(1)(ab), which makes it a disciplinary offence for a member to communicate information obtained as a member, or to comment publicly on the administration of the Force, without consent — subject to the proviso for information given in good faith in accordance with Standing or Special Orders.
Together they are the reason section 1(d) names freedom of information under section 51 of the Constitution among the rights the Act restricts.
The Industrial Relations Act (Chapter 174) and the Audit Act 1989 are not currently available on PacLII, so no links are given for them here.
Sources
- Police Act 1998 — ss 1, 20, 26, 53, 134–139, 142–145
- Constitution — ss 38, 47, 51; Industrial Relations Act (Chapter 174); Audit Act 1989
Before relying on anything here, read the current text of the Police Act 1998 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.