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10.Interests in contracts

  1. Subject to Subsection (2), a person to whom this Law applies—(a)who; or(b)whose spouse or child under voting age; or(c)who has a controlling interest in a company and whose company,(d)seeks, accepts or holds any beneficial interest in any contract of Papua New Guinea is guilty of misconduct in office.
  2. (2)Subsection (1) does not apply to a person who, prior to seeking, accepting or otherwise obtaining the beneficial interest in the contract, has obtained the written approval of the Ombudsman Commission to do so.
  3. (3)The Ombudsman Commission shall not grant an approval under Subsection (2) where it is of the opinion that—(a)the holding of a beneficial interest in such a contract may involve the person in significant potential conflict of interest; or(b)the seeking, accepting or obtaining the beneficial interest involves or involved the use by that person of his official position.

11.Acceptance, etc., of bribes

 A person to whom this Law applies who, or any of whose associates, corruptly asks for, receives or obtains, or agrees or attempts to receive or obtain, any property, benefit or favour of any kind for himself or any other person in consideration of his actions as a public official being influenced in any matter, or on account of his having acted as a public official in any manner (whether generally or in a particular case) is guilty of misconduct in office.

12.Acceptance, etc., of loans, etc

  1. Subject to Subsection (2), a person to whom this Law applies who, or whose spouse or child under voting age—(a)accepts any loan of moneys; or(b)holds any franchise; or(c)accepts any gift or other benefit or advantage, from a person (including an unincorporated profit-seeking organization) or a foreign enterprise is guilty of misconduct in office.
  2. Subsection (1) does not apply to a normal bank loan, a loan from a Savings and Loan Society or a hire-purchase agreement obtained or entered into on the same or similar terms and conditions applicable to other borrowers or hirers, as the case may be.
  3. The Ombudsman Commission may, by instrument in writing, either absolutely or subject to such terms and conditions as is specified in the notice, exempt a person or a class of persons from any liability under Subsection (1) where, in its deliberate judgement, it is reasonable to do so having regard to the purposes for which the loan, franchise or other benefit or advantage was obtained.
  4. The Ombudsman Commission may publish guidelines specifying the terms and conditions subject to which it will consider granting an exemption to a person or class of persons under Section (3).

13.Misappropriation of funds of Papua New Guinea

  1.  A person to whom this Law applies who—(a)intentionally applies any money forming part of any fund under the control of Papua New Guinea to any purpose to which it cannot be lawfully be applied; or(b)intentionally agrees to any such application of any such moneys, is guilty of misconduct in office.

14.Personal advantage not to be gained from official information

  1. Subject to Subsection (2), a person to whom this Law applies who—(a)except in the course of his official duty, divulges, directly or indirectly, any confidential or secret information acquired by him in the course of his official duty; or(b)for personal gain or advantage or for the personal gain or advantage of some other person discloses or uses any information acquired by him in the course of his official duty,is guilty of misconduct in office.
  2. The provisions of Subsection (1) do not apply to information which has been officially released by the person or body having power to release it for public information.

15.Disclosure of interest before debate or voting

  1. A member of a legislative or executive body who proposes to speak or vote on any matter before the body or a committee of the body, and who has a direct or indirect beneficial interest in the matter, shall first disclose to the body or the committee the nature of his interest in the matter.
  2. If so requested by any other member of the body with the leave of the person presiding, the member shall give reasonable particulars of his interest in clarification or expansion of his disclosure.
  3. A disclosure under Subsection (1) shall be recorded in the minutes of proceedings of the body or of the committee of the body, as the case may be, and after the disclosure, the member—(a)shall not take part in any deliberation or decision of the body, unless the body otherwise resolves; and(b)shall be disregarded for the purposes of constituting a quorum of the body for any such deliberation or decision; and(c)may, by resolution of the body, be excluded from the meeting.
  4. Where—(a)after a member has made a disclosure under this Law any information comes to his knowledge that leads him to believe or suspect, or ought reasonably to make him believe or suspect, that the disclosure was inadequate or incorrect; or(b)any information comes to the knowledge of a member which, if known earlier, would have obliged him to make a disclosure to the body of which he is a member, he shall—
     (i)immediately inform the Speaker, Premier, Chairman or other person who normally presides at meetings of the body; and(ii)disclose the information to the first meeting of the body after the information comes to his knowledge.
  5. A person to whom this Law applies who fails to make a disclosure as required by this section is guilty of misconduct in office.
  6. (6)In this section "member of a legislative or executive body" and "member" means a person to whom this Law applies who is a member of-(a)the Parliament; or(b)the National Executive Council; or(c)a provincial government body; or(d)a Local Government Council or Authority; or
    (e)any other legally recognized body having governmental functions.

16.Agents, etc

 If an act that, if it was done by a person to whom this Law applies, would constitute, or form an element of, misconduct in office is done with his consent (express or implied), or by his authority (express or implied), or by a spouse, relative or associate from whose actions he could have disassociated himself, the person is guilty of misconduct in office.

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The Ombudsman Commission will be a Vibrant, Premier Institution in pursuit of promoting Good Governance and Quality Leadership in PNG by the year 2019.

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Ombudsman Commission
Ground Floor, Deloitte Tower
Douglas Street
PO Box 1831
National Capital District
Papua New Guinea

Ph: (675) 308 2600
       (675) 308 2620
Fax:(675) 320 3211

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