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The Constitution of Papua New Guinea

Adopted by the Constituent Assembly on 15 August 1975 and in force since Independence Day, 16 September 1975. It is the supreme law: every Act, every government decision and every exercise of public power has to answer to it. Below, 100 questions and answers covering the whole document, Part by Part.

Papua New Guinea’s Constitution was not handed down by a departing administration. It was produced by a Constitutional Planning Committee that travelled the country taking submissions, and adopted by the Constituent Assembly. That origin explains features that surprise readers used to other constitutions: it is long and detailed, it opens with a statement of the kind of development the country commits itself to, and it treats custom as a source of law rather than as folklore.

It is also amended often — the current consolidation runs to Constitutional Amendment No 44. Every article below names the sections it deals with so you can read them yourself.

Read the Constitution itself

It is public, and written in comparatively plain English — one of the few primary legal documents a non-lawyer can read directly with real benefit. Start with the Preamble and the National Goals, then Part III on the Basic Rights.

Full text of the Constitution on PacLII →

Part II — The National Legal System

Where the law comes from, what supreme law means, Organic Laws, how the Constitution is amended, who interprets it, and the underlying law.

No. 8

What Are the Laws of Papua New Guinea?

Section 9 of the PNG Constitution lists the sources of Papua New Guinean law. What each source is, how they rank, and why the closed list matters.

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No. 9

What Does It Mean That the Constitution Is the Supreme Law?

Section 11 of the PNG Constitution explained: supreme law, invalidity to the extent of inconsistency, self-executing provisions, and how a law is struck down.

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No. 10

What Is an Organic Law, and How Is It Different From an Act?

Section 12 of the PNG Constitution on Organic Laws: the three requirements, why they rank as supreme law, how they are amended, and a list of PNG's Organic Laws.

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No. 11

How Is the PNG Constitution Amended?

How the Papua New Guinea Constitution is amended: sections 13 to 17, the double-debate requirement, Gazette publication, the Speaker's certificate and the self-evident error shortcut.

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No. 12

What Is the “Prescribed Majority of Votes”?

Section 17 of the PNG Constitution explained: absolute, two-thirds and three-quarters absolute majorities, which provisions attract each, and how the rule works for Organic Laws.

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No. 13

Who Decides What the Constitution Means?

Section 18 of the PNG Constitution explained: the Supreme Court's exclusive original interpretative jurisdiction, the duty of lower courts to refer, and the trivial or vexatious exception.

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No. 14

What Is a Section 19 Special Reference?

Section 19 of the PNG Constitution: who can make a special reference to the Supreme Court, what questions can be asked, and why the opinion binds like any other decision.

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No. 15

What Is the Underlying Law, and Where Does Custom Fit?

Schedule 2 of the PNG Constitution and the Underlying Law Act 2000 explained: how custom is recognised, how English common law was adopted, and how courts must develop an indigenous jurisprudence.

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Part III, Division 2 — The Leadership Code

Who counts as a leader, what the Code requires of them in public and private life, how to complain, and what a tribunal can do.

No. 16

Who Is Subject to the Leadership Code?

Section 26 of the PNG Constitution: the full list of leaders subject to the Leadership Code, how the list can be extended, and who decides doubtful cases.

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No. 17

What Duties Does the Leadership Code Impose?

Section 27 of the PNG Constitution explained: the four duties of leadership, the ban on using office for personal gain, responsibility for family and associates, and what makes conduct misconduct in office.

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No. 18

What Is a Conflict of Interest Under the Leadership Code?

Conflict of interest under section 27 of the PNG Constitution: what counts, the “could have” test, contracts with governmental bodies, and how a leader should manage a conflict.

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No. 19

How Do I Make a Complaint About a Leader?

How to complain about a leader in Papua New Guinea: the Ombudsman Commission's role, what makes a useful complaint, the prima facie referral under section 29, and what happens next.

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No. 20

What Happens at a Leadership Tribunal?

Leadership tribunals in PNG explained: how they are established under section 28, the natural justice requirement, the mandatory dismissal recommendation and the section 28(1A) exception.

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No. 21

What Penalties Can a Leader Face for Misconduct in Office?

Penalties for misconduct in office under the PNG Leadership Code: mandatory dismissal, the section 28(1A) exception, section 31 disqualification, and the separate section 23 sanctions.

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Part III, Division 3 — The Basic Rights

Sections 32 to 58: who holds the rights, which are absolute and which are qualified, each right in turn, and how to enforce one.

No. 22

Who Has Basic Rights in Papua New Guinea?

Who the Basic Rights in Part III Division 3 of the PNG Constitution protect: all persons, citizens only, and non-dual citizens only, plus how section 34 applies rights between individuals.

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No. 23

What Is the Difference Between an Absolute and a Qualified Right?

Absolute versus qualified rights in the PNG Constitution: Subdivision B, Subdivision C, the section 38 test, and what “reasonably justifiable in a democratic society” means under section 39.

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No. 24

What Is the Right to Freedom Under Section 32?

Section 32 of the PNG Constitution explained: freedom based on law, the least-restriction principle, and how the right to freedom works alongside custom and social obligations.

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No. 25

What Is the Right to Life Under Section 35?

Section 35 of the PNG Constitution explained: the right to life, the permitted exceptions, the reasonableness requirement on the use of force, and the preservation of criminal and civil liability.

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No. 26

What Is Freedom From Inhuman Treatment Under Section 36?

Section 36 of the PNG Constitution explained: the absolute prohibition on torture and inhuman treatment, what it covers, and how it is enforced under sections 57 and 58.

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No. 27

What Is “The Protection of the Law” Under Section 37?

Section 37 of the PNG Constitution explained subsection by subsection: fair hearing, no offence without written law, no double jeopardy, no retrospective crime, appeal rights and treatment in custody.

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No. 28

What Is the Presumption of Innocence in PNG?

The presumption of innocence under section 37(4)(a) of the PNG Constitution: what it means, the reverse-onus exception, and how it works with bail and the right to silence.

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No. 29

Do I Have a Right to a Trial Within a Reasonable Time?

The right to a hearing within a reasonable time under section 37 of the PNG Constitution: what counts as unreasonable delay, remedies, unreasonable remand under section 42(5), and the four-month report.

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No. 30

What Does Section 41 Do About Acts That Are Harsh or Oppressive?

Section 41 of the PNG Constitution explained: proscribed acts, the three limbs, the balance of probabilities standard, and how section 41 interacts with damages under section 58.

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No. 31

What Rights Do I Have When I Am Arrested?

Section 42 of the PNG Constitution explained: the grounds for lawful detention, the rights on arrest, the duty to bring a person before a court without delay, the section 42(5) complaint and the right to bail.

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No. 32

What Is Freedom From Forced Labour Under Section 43?

Section 43 of the PNG Constitution explained: the prohibition on forced labour, the six exclusions, communal work obligations, and conscientious objection to military service.

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No. 33

What Is Freedom From Arbitrary Search and Entry Under Section 44?

Section 44 of the PNG Constitution explained: search warrants, court orders, inspection powers, and how section 44 works with the Search Act and section 49 privacy.

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No. 34

What Is Freedom of Conscience, Thought and Religion?

Section 45 of the PNG Constitution explained: freedom of religion and conscience, protection from compelled religious observance, the ban on forcing religion on others, and traditional beliefs.

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No. 35

What Is Freedom of Expression Under Section 46?

Section 46 of the PNG Constitution explained: freedom of expression and publication, freedom of the press, the three permitted restrictions, and access to mass communications media.

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No. 36

What Are Freedom of Assembly and Association Under Section 47?

Section 47 of the PNG Constitution explained: peaceful assembly, freedom of association, the right not to join, registration of associations, and public order restrictions.

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No. 37

What Are Freedom of Employment and Freedom of Movement?

Sections 48 and 52 of the PNG Constitution explained: freedom of choice of employment, industrial organisation membership, freedom of movement, and the ban on expelling citizens.

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No. 38

What Is the Right to Privacy Under Section 49?

Section 49 of the PNG Constitution explained: reasonable privacy of private and family life, communications and papers, the biometric exception, and how privacy works with section 44.

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No. 39

What Is the Right to Vote and Stand for Public Office?

Section 50 of the PNG Constitution explained: who has the right to vote and stand, the three disqualifications, the reasonable-opportunity requirement, and how elections are regulated.

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No. 40

Do I Have a Right to See Government Documents?

Section 51 of the PNG Constitution explained: the right of reasonable access to official documents, the ten exceptions, the duty to establish access procedures, and the protection of Parliament's access.

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No. 41

Can the Government Take My Property?

Section 53 of the PNG Constitution explained: compulsory acquisition, the public purpose requirement, just compensation on just terms, the six exclusions, and customary land under section 54.

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No. 42

What Is Equality of Citizens Under Section 55?

Section 55 of the PNG Constitution explained: the equality guarantee, the listed grounds, affirmative action under section 55(2), and the pre-Independence law exception.

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No. 43

How Do I Enforce a Basic Right?

Section 57 and section 58 of the PNG Constitution explained: who can apply to enforce a Basic Right, what orders a court can make, anticipatory relief, and damages including exemplary damages.

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Part IV — Citizenship

Automatic citizenship, descent, marriage, naturalisation, dual citizenship, loss and regaining, and the position of non-citizens.

No. 46

Who Is an Automatic Citizen of Papua New Guinea?

Section 65 of the PNG Constitution explained: automatic citizenship on Independence Day, the two-grandparent rule, what counts as an adjacent area, and the exclusions.

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No. 47

How Do I Apply for Citizenship by Naturalisation?

Citizenship by naturalisation under section 67 of the PNG Constitution: the eight-year residence rule, the seven criteria, children, the sport and investment route, and the Citizenship Advisory Committee.

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No. 48

What Is Citizenship by Descent and by Marriage?

Section 66 of the PNG Constitution explained: citizenship by descent for children and grandchildren, citizenship by marriage, the residence and character requirements, and adoption.

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No. 49

Can I Hold Dual Citizenship in Papua New Guinea?

Section 64 of the PNG Constitution on dual citizenship: the general prohibition, the prescribed-country approval process, the age-19 rule, and the rights dual citizens do not have.

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No. 50

How Can PNG Citizenship Be Lost or Regained?

Sections 70 to 74 of the PNG Constitution: automatic loss of citizenship, acts done under compulsion of foreign law, renunciation, regaining citizenship, and children.

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No. 51

What Rights Do Non-Citizens Have in Papua New Guinea?

The constitutional position of non-citizens in PNG: which Basic Rights apply, where restrictions are permitted, property under section 53(7), and detention under section 42.

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Part VI, Division 2 — The National Parliament

How Parliament is made up, elections and terms, disqualification, privilege, how a Bill becomes law, and the committee system.

No. 55

How Is the National Parliament Made Up?

Section 99 to 102 of the PNG Constitution: the three arms of government, the composition of the National Parliament, open and provincial electorates, nominated members and women's electorates.

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No. 56

How Long Does a Parliament Last, and When Are Elections Held?

Sections 104 to 106 of the PNG Constitution: the term of a member, when a seat becomes vacant, when general elections must be held, and the rules on by-elections.

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No. 57

Who Can Be Disqualified From Parliament?

Section 103 of the PNG Constitution: qualifications and disqualifications for membership of the National Parliament, the suspension of disqualification pending appeal, and restoration to a seat.

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No. 58

What Is Parliamentary Privilege?

Section 115 of the PNG Constitution: parliamentary privilege, freedom of speech in Parliament, immunity from proceedings, freedom from arrest for civil debt, and the Leadership Code exception.

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No. 59

How Does a Bill Become an Act of Parliament?

How a Bill becomes law in Papua New Guinea: sections 109 to 116 of the Constitution, the Speaker's certificate, commencement, recommittal, and disallowance of subordinate legislation.

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No. 60

What Is the Speaker's Certificate, and Can a Law Be Challenged Over It?

The Speaker's certificate under sections 110 and 14 of the PNG Constitution: what it must contain, its evidentiary effect, the four-week challenge to a section 14(6) certificate, and Acts of Indemnity.

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No. 61

What Do Parliamentary Committees Do?

The committee system in the PNG Parliament: section 118, the Public Accounts Committee, permanent parliamentary committees, the summons power, and protection for witnesses.

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Part VI, Division 5 — The Administration of Justice

The courts, the Supreme and National Courts, section 155(4), judicial appointment and independence, and the two Law Officers.

No. 67

What Courts Make Up the National Judicial System?

Sections 154 to 159 and 172 to 175 of the PNG Constitution: the National Judicial System, the National Justice Administration, the Magisterial Service, and courts applying custom.

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No. 68

What Does the Supreme Court of PNG Do?

The Supreme Court of Papua New Guinea: composition, the three-judge rule, appellate and constitutional jurisdiction, section 155(2), and how a case reaches it.

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No. 69

What Is the National Court's Jurisdiction?

Sections 163 to 167 of the PNG Constitution: the National Court, its unlimited jurisdiction, judicial review under section 155(3), acting judges and Assistant Judges.

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No. 70

What Is Section 155(4), and Why Do Lawyers Cite It Constantly?

Section 155(4) of the PNG Constitution explained: prerogative orders, the power to do justice in a particular case, the primary-rights limit, and section 155(5) review.

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No. 71

How Are Judges Appointed, and Can They Be Removed?

Sections 168 to 183 of the PNG Constitution: appointment of the Chief Justice and other judges, the three grounds of removal, removal tribunals, and suspension on full pay.

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No. 72

What Protects Judicial Independence in PNG?

Section 157 of the PNG Constitution and the wider architecture of judicial independence: the ban on directions, security of tenure, appointment by commission, and remuneration by Organic Law.

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No. 73

What Does the Public Prosecutor Do?

Sections 176 and 177 of the PNG Constitution: the Public Prosecutor's functions, independence from direction, the national-security exception, and the tabling requirement.

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No. 74

What Does the Public Solicitor Do, and Can I Get a Free Lawyer?

Section 177 of the PNG Constitution: the Public Solicitor's functions, the two-year rule, how “need” is assessed, court directions to provide aid, and applying for help.

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Part VIII — Supervision and Control

Parliamentary control of public money, the Budget, the Auditor-General, the Public Accounts Committee, the Ombudsman Commission and ICAC.

No. 83

How Is Public Money Controlled Under the Constitution?

Part VIII of the PNG Constitution: parliamentary responsibility for public finance, accounting for public moneys, executive initiative, and spending without prior approval.

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No. 84

What Is the National Budget Process?

Section 209 of the PNG Constitution: the National Budget, the three separate appropriations, estimates from the Speaker and Chief Justice, and consultation with parliamentary committees.

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No. 85

What Does the Auditor-General Do?

Sections 213 and 214 of the PNG Constitution: the Auditor-General's appointment, independence, audit functions, reach over statutory bodies, and reporting to Parliament.

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No. 86

What Is the Public Accounts Committee?

Sections 215 and 216 of the PNG Constitution: the Public Accounts Committee, its functions, its reach over Auditor-General reports, and the protection for witnesses who give evidence.

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No. 87

What Does the Ombudsman Commission Do?

Sections 217 to 220 of the PNG Constitution: the Ombudsman Commission, how it is appointed, what “wrong conduct” means, the limits on its jurisdiction, and its powers of enforcement.

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No. 88

What Is the Independent Commission Against Corruption?

Division VIII.3 of the PNG Constitution: the Independent Commission Against Corruption, its purposes and functions, independence, oversight committee, and relationship with the Ombudsman Commission.

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Check the section yourself

Constitutional sections are amended, and figures such as notice periods and majorities have changed more than once. Before relying on anything here, read the current text on PacLII. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a private lawyer in the law firms directory.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.