21. Production of documents, etc
- Subject to the provisions of this section and of Section 22, the Commission or other authority may from time to time require any person who in its opinion is able to give any information relating to any alleged or suspected misconduct in office by a person to whom this Law applies that is being investigated by the Commission or other authority to furnish to it that information and to produce any documents, papers or things that, in the opinion of the Commission or other authority related to any matter being investigated by it and that may be in the possession or control of that person.
- Subsection (1) applies whether or not—(a)the person is an officer, employee or member of any State Service, provincial service, local government body or statutory body; and(b)the documents, papers or things referred to in that subsection are in the custody or under the control of any State Service, provincial service, local government body or statutory body.
- The Commission or other authority may, by instrument in writing, summon any person (including the spouse and children of the person whose conduct is being examined or investigated) who in its opinion is able to give any information relating to any matter that is being investigated by the Commission or other authority to attend the Commission or other authority at a time and place specified in the summons for examination by it on oath.
- The Commission or other authority may administer an oath to a person appearing as a witness before the Commission or other authority whether the witness has been summoned or appears without being summoned, and may examine the witness on oath or affirmation.
- A witness attending before the Commission or other authority has the same privileges and is subject to the same penalties in relation to the giving of information, the answering of questions and the production of documents, papers and things as a witness before the National Court.
- Except on the trial of any person for perjury in respect of his sworn testimony, no statement made or answer given by that or any other person in the course of any inquiry by or any proceedings before the Commission or other authority is admissible in evidence against any person in any court or at any inquiry or any other proceedings, and no evidence in respect of proceedings before the Commission or other authority shall be given against any person.
- Where any person is required by the Commission or other authority to attend before it for the purposes of this section, the person is entitled to the same fees, allowances and expenses as if he were a witness in the National Court.
22.Disclosure of certain matters not to be required
- Where the Prime Minister, after consultation with the Chief Ombudsman, certifies that the giving of any information or the answering of any question or the production of any documents or papers or things is likely to—(a)prejudice the security, defence or international relations of Papua New Guinea (including Papua New Guinea's relations with the Government of any other country or with any international organization) or the investigation or detection of offences; or(b)involve the disclosure of proceedings, deliberations or decisions of the National Executive Council, or any Committee of that Council which, the Prime Minister certifies, relate to matters of a secret or confidential nature and the disclosure of which would be injurious to the public interest,
the Commission shall not require the information or answer to be given or, as the case may be, the document, paper or thing to be produced.
- Subject to Subsection (1), any Law that authorizes or requires the withholding of any document, paper or thing, or the refusal to answer any question, on the ground that the disclosure of the document, paper or thing or the answering of the question would be injurious to the public interest does not apply in respect of any investigation by or proceedings before the Commission.
23.Failure to co-operate
A person to whom this Law applies who obstructs, or fails to co-operate to the best of his ability with, the Ombudsman Commission, or other authority or a tribunal in any investigation or proceedings under or for the purposes of this Law (whether in relation to himself or some other person) is guilty of misconduct in office.