Office of the Minister & Attorney General
The Attorney General, is the principal legal adviser to the Government. As Minister for Justice, he/she is the Political Head of the Department and the relevant offices in the Justice Administration involved in the
administration and delivery of judicial and legal services. Such Offices includes the Constitutional Offices of the Public Prosecutor and Public Solicitor and the Constitutional Law Reform Commission over which the Minister has portfolio responsibility. The support received in this capacity is through the Secretary for Justice, Constitutional Office Holders and Legal Branch Heads and Deputy Secretaries (Legal) and Justice Administration & Corporate Affairs.
Below is a summary of the Ministry’s services:
1. State Legal Services Responsibilities:
• The Attorney General has professional responsibilities under the Constitution and other laws, and by virtue of the traditional norms and ethics of the legal profession. He is the Principal Legal Adviser and has precedence in court over all lawyers except the two other Law Officers - the Public Prosecutor and Public Solicitor.
• The State Solicitor provides legal advice, clearance services to the State, Provincial and Local Level Governments through their departments and agencies.
• The Solicitor General acts for the State in all claims for and against the State.
• The Executive Branch (in the Office of the Attorney General) supports the Attorney General in the discharge of his functional responsibilities as well as dealing with other justice functions such as coronial inquests, Power of Mercy and Judicial and Legal Services Commission (JLSC).
2. Public Prosecutor
Responsibility:
The Public Prosecutor controls and prosecutes before the Supreme and National Courts and other Courts. As the constitutionally recognized authority the Public Prosecutor gives leave to other prosecution, and brings, or declines to bring, proceedings under all relevant laws including the leadership code for misconduct in Office by leaders, and grants immunity, and advises all relevant persons or bodies provided for by the constitution and the Public Prosecutor (Office & Functions) Act.
3. Public Solicitor
Responsibility:
The Office of the Public Solicitor provides legal assistance to persons entitled to legal aid charged with offences that carry a minimum penalty of two years and advice in civil matters in all courts.
4. Community Justice
Responsibilities:
• Community Based Corrections is responsible for providing, promoting and administering an effective and efficient Community Corrections and Rehabilitation Service. This service is facilitated by specific legislation relating to probation, parole, juvenile justice, criminal compensation and community work orders.
• Community Courts Advisory Unit is responsible for overseeing the development of Village Court System in line with the National Village Courts policy, training standards, establishment of Village Courts and support to Provincial Governments and the Courts and appointments and revocation of appointment of Village Court officials.
• Lands Title Commission deals with applications under the Land Titles Commission Act, for decisions as to customary ownership of land. Under this Act also, the Commission exercises appellate jurisdiction. It also deals with applications under the Land Tenure Conversion Act. The Act allows customary landowners to register title to customary land. The Commission authorizes the registration of that land.
• National Lands Commission hears disputes concerning land which is declared to be national land, i.e. land alienated from customary tenure, particularly land declared as national land for public purposes. Specifically, the Commission deals with the issue of what payment should be made to the former customary owners, as a result of the conversion of the land from customary ownership, to the ownership of the State.
5. Law Reform
Responsibilities:
The constitutional and Law Reform Commission responds to ministerial references to review, and make recommendations responsive to the changing needs of PNG society, on the constitution and Laws. The Secretariat supports the Commission
6. Public Curator
Responsibility:
To provide transparent, timely and cost-effective trusteeship of estates of persons who are deceased, insane or insolvent.
7. Corporate Management
Responsibilities:
Departmental management is responsible for providing clear leadership to staff, a safe and equitable working environment and for obtaining appropriate resources, and facilities, to enable staff to perform their functions more effectively and efficiently.
All staff are responsible for maintaining the highest professional standards, upholding the values and principles of the Department and diligently serve the people of PNG.
COMPREHENSIVE BRIEFS FROM CONSTITUTIONAL OFFICE HOLDERS AND BRANCH HEADS:
This part of the brief provides the Minister with more comprehensive information of the roles and functions of COHs and the department as set out below.
administration and delivery of judicial and legal services. Such Offices includes the Constitutional Offices of the Public Prosecutor and Public Solicitor and the Constitutional Law Reform Commission over which the Minister has portfolio responsibility. The support received in this capacity is through the Secretary for Justice, Constitutional Office Holders and Legal Branch Heads and Deputy Secretaries (Legal) and Justice Administration & Corporate Affairs.
Below is a summary of the Ministry’s services:
1. State Legal Services Responsibilities:
• The Attorney General has professional responsibilities under the Constitution and other laws, and by virtue of the traditional norms and ethics of the legal profession. He is the Principal Legal Adviser and has precedence in court over all lawyers except the two other Law Officers - the Public Prosecutor and Public Solicitor.
• The State Solicitor provides legal advice, clearance services to the State, Provincial and Local Level Governments through their departments and agencies.
• The Solicitor General acts for the State in all claims for and against the State.
• The Executive Branch (in the Office of the Attorney General) supports the Attorney General in the discharge of his functional responsibilities as well as dealing with other justice functions such as coronial inquests, Power of Mercy and Judicial and Legal Services Commission (JLSC).
2. Public Prosecutor
Responsibility:
The Public Prosecutor controls and prosecutes before the Supreme and National Courts and other Courts. As the constitutionally recognized authority the Public Prosecutor gives leave to other prosecution, and brings, or declines to bring, proceedings under all relevant laws including the leadership code for misconduct in Office by leaders, and grants immunity, and advises all relevant persons or bodies provided for by the constitution and the Public Prosecutor (Office & Functions) Act.
3. Public Solicitor
Responsibility:
The Office of the Public Solicitor provides legal assistance to persons entitled to legal aid charged with offences that carry a minimum penalty of two years and advice in civil matters in all courts.
4. Community Justice
Responsibilities:
• Community Based Corrections is responsible for providing, promoting and administering an effective and efficient Community Corrections and Rehabilitation Service. This service is facilitated by specific legislation relating to probation, parole, juvenile justice, criminal compensation and community work orders.
• Community Courts Advisory Unit is responsible for overseeing the development of Village Court System in line with the National Village Courts policy, training standards, establishment of Village Courts and support to Provincial Governments and the Courts and appointments and revocation of appointment of Village Court officials.
• Lands Title Commission deals with applications under the Land Titles Commission Act, for decisions as to customary ownership of land. Under this Act also, the Commission exercises appellate jurisdiction. It also deals with applications under the Land Tenure Conversion Act. The Act allows customary landowners to register title to customary land. The Commission authorizes the registration of that land.
• National Lands Commission hears disputes concerning land which is declared to be national land, i.e. land alienated from customary tenure, particularly land declared as national land for public purposes. Specifically, the Commission deals with the issue of what payment should be made to the former customary owners, as a result of the conversion of the land from customary ownership, to the ownership of the State.
5. Law Reform
Responsibilities:
The constitutional and Law Reform Commission responds to ministerial references to review, and make recommendations responsive to the changing needs of PNG society, on the constitution and Laws. The Secretariat supports the Commission
6. Public Curator
Responsibility:
To provide transparent, timely and cost-effective trusteeship of estates of persons who are deceased, insane or insolvent.
7. Corporate Management
Responsibilities:
Departmental management is responsible for providing clear leadership to staff, a safe and equitable working environment and for obtaining appropriate resources, and facilities, to enable staff to perform their functions more effectively and efficiently.
All staff are responsible for maintaining the highest professional standards, upholding the values and principles of the Department and diligently serve the people of PNG.
COMPREHENSIVE BRIEFS FROM CONSTITUTIONAL OFFICE HOLDERS AND BRANCH HEADS:
This part of the brief provides the Minister with more comprehensive information of the roles and functions of COHs and the department as set out below.