Part IV of the Employment of Non-Citizens Act 2007 is where the Act’s stated purpose — balancing the economy’s need for foreign labour against the aspirations of Papua New Guineans for decent work — is given practical effect.
Section 12 — reserved occupations
(1) The Regulation may prescribe occupations which are reserved for citizens.
(2) A work permit is not to be granted to a non-citizen in respect of a reserved occupation.
This is absolute. There is no discretion in section 12(2), and no exemption route within Part IV — though the Minister’s general exemption power in section 51 (by National Gazette notice, stating reasons) sits outside it.
The lists are in the Regulation, not the Act. Check the current Employment of Non-Citizens Regulation and any amendments before making an application, because both the reserved list and the advertised list are subject to periodic review under section 14.
The Employment of Non-Citizens Regulation is not carried in the PacLII Papua New Guinea legislation databases. It is named here rather than linked; the current text should be obtained from the Department responsible for labour and industrial relations.
Section 13 — occupations that must be advertised
(1) The Regulation may prescribe occupations which must be advertised within Papua New Guinea, in relation to which a work permit must be obtained.
(2) A work permit shall not be granted in respect of such an occupation until the Secretary is satisfied that:
(a) the requirement to advertise has been complied with; and
(b) there is no suitable citizen who can be employed in the occupation.
This is a labour-market test. Two things must be shown, and the second is the substantive one: not merely that nobody applied, but that there is no suitable citizen.
The Secretary must be satisfied, so the applicant carries the practical burden. Keep:
- copies of the advertisements, with dates and the publications or platforms used;
- the position description and the stated requirements — requirements pitched so narrowly that no citizen could meet them invite scrutiny;
- a list of applicants, and a reasoned assessment of each against the requirements; and
- a note of any citizen shortlisted and why they were not suitable.
Section 60 allows the Secretary to require statements and information to be verified by statutory declaration or certified by a Justice of the Peace or Commissioner for Oaths.
Section 14 — review of the lists
The Secretary shall, on or before the expiration of two years from the coming into operation of the Act, and from time to time as the Secretary thinks fit, review the lists of reserved occupations under section 12 and advertised occupations under section 13.
In conducting the review the Secretary shall consult with the National Training Council.
Following the review, the Secretary is to recommend to the Minister any additions, variations or deletions.
The consultation requirement ties the lists to national skills policy: the point of reserving or advertising an occupation is to protect and develop the citizen workforce, so the body responsible for training is brought into the decision.
The National Training Council Act 1991, which establishes the Council, is not carried in the PacLII consolidated database; the National Training Council (Amendment) Act 2020 is available there.
Section 14(4) — permits already granted are protected
Where a non-citizen has been employed in an occupation in relation to which a work permit is still valid, and that occupation (a) becomes a reserved occupation, or (b) must be or has been advertised, the non-citizen may continue to be employed in that occupation until the expiration of the work permit, notwithstanding the change.
So a change to the lists does not cut short a current permit — but it does bite at renewal. Note that a “renewal” under section 3 concerns the same employee, the same employer and the same occupation, and section 26 gives the Secretary a discretion on renewal. An occupation that has since been reserved cannot support a fresh grant under section 12(2).
If an occupation you rely on moves onto the reserved list, the permit runs to its term and then stops. Where the permit is a long term one of up to five years there may be ample warning; where it is short term (up to six months), there may not be. Build succession and training into the role from the start — which is also what section 26(1)(b) invites the Secretary to look at on renewal.
The other gates in Part IV
| Section | Requirement |
|---|---|
| 15 | The Secretary may direct that evidence of qualifications, skills and experience be given before a permit is granted; the Regulation may prescribe requirements by occupation |
| 16 | Where professional registration is required by law for the occupation, no permit until written proof of registration is provided |
| 17 | Proficiency in English, Pisin or Hiri Motu — “proficient” meaning able to speak and understand sufficiently for normal conversational purposes; the Secretary may waive this for good cause or in the national interest |
See skills, registration and language requirements.
Practical steps
- Check the current Regulation lists before advertising or recruiting.
- If the occupation is reserved, no permit can be granted — recruit a citizen, or restructure the role.
- If it must be advertised, advertise it properly within Papua New Guinea and keep every record.
- Assess citizen applicants fairly, and document the assessment — the test is whether there is no suitable citizen.
- Check professional registration and language before lodging.
- Diary permit expiries, and check the lists again well before renewal.
- Invest in training and succession — it is relevant to renewal under section 26(1)(b), and to a declaration as a Good Corporate Citizen under section 52.
Sources
- Employment of Non-Citizens Act 2007 — ss 1, 3, 12–17, 22, 26, 51, 52, 60
- National Training Council (Amendment) Act 2020
- Constitution — s 48; Preamble (National Goals and Directive Principles)
Before relying on anything here, read the current text of the Employment Act (Chapter 373) 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.