Part III of the Police Act 1998 deals with the office of Commissioner of Police.
Section 9 — appointment
(1) The office of Commissioner of Police established under the former Act is continued.
(2) The Commissioner is appointed in accordance with section 193 (Appointments to certain offices) of the Constitution.
(3) The Commissioner shall be appointed for a term of not less than four years, and the other terms and conditions are as determined by the Head of State, acting on advice.
(4) The terms of appointment may be embodied in a contract between the State and the Commissioner.
Section 193 governs appointments to certain offices, including the head of a State Service. It requires the appointment to be made by the Head of State acting with, and in accordance with, the advice of the National Executive Council given after consultation with an appropriate body.
Section 198 of the Constitution separately provides for the Commissioner’s responsibility for the superintendence, efficient organisation and control of the Force.
The minimum four-year term in section 9(3) is a stability provision. It is a floor, not a ceiling.
Sections 9(5) and 10 — removal
(a) conviction of any offence involving dishonesty, or for which a term of imprisonment may be imposed;
(b) failure to comply with any essential term or condition of the appointment;
(c) negligence or dereliction of duty;
(d) misconduct;
(e) incapacity due to infirmity of mind or body;
(f) failure adequately to perform the duties required of a person holding the rank of Commissioner;
(g) the resignation or retirement of the Commissioner;
(h) in the interest of the State.
Seven of the eight grounds identify conduct, capacity or a voluntary departure. The eighth — “in the interest of the State” — identifies nothing at all.
It substantially qualifies the protection that the words “on these grounds and on no other grounds” appear to give. A removal for which no conduct ground exists can be founded on paragraph (h).
Two things nonetheless constrain it. Removal under section 10(1) is by the Head of State acting on advice, so it is a National Executive Council decision made through the constitutional process. And a decision to remove is a decision of a public authority, reviewable in the National Court on ordinary administrative law grounds, including whether the stated ground genuinely existed.
The interaction between section 9(5) and the constitutional provisions on appointment and removal of the heads of State Services has been the subject of litigation in Papua New Guinea; anyone advising on a particular removal should check the current authorities.
Where the Commissioner is removed from office on one or more of the section 9(5) grounds, that removal automatically terminates the Commissioner’s membership in the Force — unless the Head of State otherwise directs.
So removal from the office is ordinarily removal from the Force altogether, not a reversion to a lower rank. The saving power in the closing words allows the Head of State to direct otherwise, which may matter where removal is under paragraph (g) — resignation or retirement — or paragraph (h).
Section 11 — preservation of rights
Where a member of the Force is appointed Commissioner, their service as Commissioner counts as service in the Force for determining existing and accruing rights — defined in section 11(1) as rights in respect of leave of absence on the ground of illness and furlough, or pay in lieu of furlough, including pay to dependants or personal representatives on death.
Section 11(3) applies section 83 — leave to serve under other Acts — to the office of Commissioner.
The provision assumes that the Commissioner may be appointed from within the Force, and ensures that accepting the office does not break continuity of entitlements.
Section 12 — the Declaration of Office
The Commissioner shall, before entering on the duties of office, make, before the Chief Justice or a Judge, the Declaration of Office.
The requirement that the declaration be made before a judge, rather than before a Minister or an official, marks the office as one held under law. It parallels section 4(2), under which no person may be appointed a member of the Force until they make and subscribe the appropriate oath or affirmation in the Schedule.
Sections 13 and 15 — reporting to the Executive
| Provision | Duty |
|---|---|
| s 13 | Furnish to the National Executive Council through the Minister reports or recommendations on all matters required to be dealt with by the Minister under the Act, or referred to the Commissioner by the Minister |
| s 15(1) | At least once every year, report on the condition and efficiency of the Force and on the activities of the Commissioner |
| s 15(2) | Set out changes made since the previous report, and further measures necessary for improving the working of the Force and ensuring efficiency and economy |
| s 15(3) | Draw attention to any breaches or evasions of this Act that have come to the Commissioner’s notice |
The Commissioner reports through the Minister to the National Executive Council. That is accountability, not direction.
It sits alongside section 5 — no person who is not a member of the Force has any power of command within the Force — and section 8(2), under which the Commandant has no power of command, control or direction.
Section 15(3) is notable: the Commissioner must draw the Executive’s attention to breaches or evasions of the Act, including those within the Force itself.
For the Commissioner’s operational and investigative powers, see what powers the Commissioner has.
Sources
- Police Act 1998 — ss 4, 5, 8–15, 83
- Constitution — ss 188, 193, 195, 198
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.