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Twenty-five questions and answers on the Police Act 1998 and the Police Force (Presence Abroad) Act 2004 - how the Royal Papua New Guinea Constabulary is composed and administered, the office and powers of the Commissioner, the discipline system and its offences and penalties, appointment, promotion, demotion and retirement, the Reserve Constabulary, Special Constables and Community Auxiliary Police, the offences that protect the Force, and service abroad.
The Police Act 1998 governs the Royal Papua New Guinea Constabulary - who its members are, how they are appointed and promoted, what discipline they are subject to, and what powers and protections they hold. It is a long statute, and most of it is about the internal life of the Force rather than about police powers over the public, which are found in the Criminal Code, the Arrest Act, the Search Act and the Constitution. This series works through the Act in plain language, together with the Police Force (Presence Abroad) Act 2004, which governs service outside the country.
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25 questions and answers, grouped by subject.
- The Force and the Commissioner — 5 questions
- The police discipline system — 9 questions
- Police and the criminal law — 2 questions
- Appointment, promotion and retirement — 5 questions
- Reserves, auxiliaries and protection of the Force — 3 questions
- Police service abroad — 1 question
The Force and the Commissioner
What the Police Act covers, how the Constabulary is composed, the office of Commissioner of Police, the Commissioner's powers, and the powers and protections of members.
What Does the Police Act 1998 Cover?
An overview of the PNG Police Act 1998: its structure, what it governs, the constitutional rights it restricts, and where police powers over the public actually come from.
Read the answer → No. 2How Is the Police Force Composed?
Section 7 of the PNG Police Act 1998: the composition of the Royal Papua New Guinea Constabulary, its four branches, the Commandant, and the Force as a State Service.
Read the answer → No. 3Who Is the Commissioner of Police?
Sections 9 to 13 of the PNG Police Act 1998: appointment of the Commissioner of Police, the term, the removal grounds, and the Declaration of Office.
Read the answer → No. 4What Powers Does the Police Commissioner Have?
Sections 14, 17, 153 and 154 of the PNG Police Act 1998: the Commissioner's investigative powers, delegation, Standing Orders and additional powers.
Read the answer → No. 5What Powers and Protections Do Police Members Have?
Sections 140 and 141 of the PNG Police Act 1998: the powers of a constable, the protection for acting under a warrant, and the limits of that protection.
Read the answer →The police discipline system
Disciplinary offences, disciplinary officers, minor and serious offences, how charges are determined, the penalties available, review by the Commissioner, and suspension.
What Is a Disciplinary Offence in the Police Force?
Section 20 of the PNG Police Act 1998: the disciplinary offences, how they are grouped, the sexual harassment definition, and the catch-all in paragraph (az).
Read the answer → No. 7Who Are Disciplinary Officers?
Section 19 of the PNG Police Act 1998: disciplinary officers, their two roles, the independence requirement in section 24(2), and review of their decisions.
Read the answer → No. 8How Are Minor Police Disciplinary Offences Dealt With?
Section 21 of the PNG Police Act 1998: the minor offence procedure, the disclosure requirement, and the member's right to elect for the serious offence process.
Read the answer → No. 9What Penalties Apply to Minor Police Offences?
Section 22 of the PNG Police Act 1998: the penalties for minor disciplinary offences, who they may not be imposed on, and the seven-day review to the Commissioner.
Read the answer → No. 10How Are Serious Police Disciplinary Offences Dealt With?
Section 23 of the PNG Police Act 1998: the serious offence procedure, who may lay a charge, the member's entitlements, and the deemed denial rule.
Read the answer → No. 11How Is a Serious Police Charge Determined?
Section 24 of the PNG Police Act 1998: the investigation of a serious disciplinary charge, the independence requirements, and the right to reply to later reports.
Read the answer → No. 12What Penalties Apply to Serious Police Offences?
Sections 25 and 26 of the PNG Police Act 1998: the penalties for serious disciplinary offences, the retraining scheme, and review by the Commissioner.
Read the answer → No. 13Can a Police Officer Appeal a Disciplinary Decision?
Section 27 of the PNG Police Act 1998: the finality of the Commissioner's decision, the internal review rights that remain, and judicial review.
Read the answer → No. 14When Can a Police Officer Be Suspended?
Sections 28 to 31 of the PNG Police Act 1998: disciplinary suspension, pay during suspension, deduction of fines, and service where a member's address is unknown.
Read the answer →Police and the criminal law
What happens when a member is charged with or convicted of a criminal offence, and re-appointment after conviction.
What Happens if a Police Officer Is Charged With a Crime?
Sections 32 and 33 of the PNG Police Act 1998: suspension on a criminal charge, pay during that suspension, and mandatory dismissal on conviction.
Read the answer → No. 16Can a Convicted Person Be Re-Appointed to the Police?
Section 34 of the PNG Police Act 1998: re-appointment and reinstatement after a conviction is set aside, and the restoration of service, seniority and salary.
Read the answer →Appointment, promotion and retirement
Joining the Force, recruitment and appointment, promotion, the Police Promotions Selection Board, demotion and dismissal, and retirement.
How Do You Join the Police Force in PNG?
Sections 39 to 47 of the PNG Police Act 1998: qualifications, examinations, recruitment, appointment to the Regular Constabulary, and filling vacancies.
Read the answer → No. 18How Are Police Promotions Decided?
Section 48 of the PNG Police Act 1998: the principles governing transfers and promotions, the statutory definition of merit, and the role of seniority.
Read the answer → No. 19What Is the Police Promotions Selection Board?
Sections 51 to 54 of the PNG Police Act 1998: the Police Promotions Selection Board, its independence, its procedure, and what happens when the Commissioner rejects its recommendation.
Read the answer → No. 20How Can a Police Officer Be Demoted or Dismissed?
Section 55 of the PNG Police Act 1998: demotion and dismissal for performance, the procedural protections, severance pay, and review by the Commissioner.
Read the answer → No. 21When Must a Police Officer Retire?
Sections 91 to 93 of the PNG Police Act 1998: the retirement ages, retirement for infirmity, the 400-day rule, and resignation from the Force.
Read the answer →Reserves, auxiliaries and protection of the Force
The Reserve Constabulary, Special Constables, Community Auxiliary Police, the offences that protect the Force, and secrecy of records.
What Is the Reserve Constabulary?
Part VI of the PNG Police Act 1998: the Reserve Constabulary Branch, its strength, appointment, conditions of service, pay and discipline.
Read the answer → No. 23What Are Special Constables and Community Auxiliary Police?
Parts VII and VIII of the PNG Police Act 1998: Special Constables and the Community Auxiliary Police, their appointment, powers, discipline and removal.
Read the answer → No. 24What Offences Protect the Police Force?
Sections 134 to 139 and 142 of the PNG Police Act 1998: the offences protecting the Force, the police strike prohibition and its good faith exception, and secrecy of records.
Read the answer →Police service abroad
The Police Force (Presence Abroad) Act 2004 - parliamentary approval, agreements, jurisdiction and civilians accompanying the Force.
Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. 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.