PART V - ENFORCEMENT
- If the Ombudsman Commission is satisfied that a person to whom this Law applies is guilty of misconduct in office, it shall refer the matter, together with a statement of its reasons for its opinion—(a)to the Public Prosecutor; or(b)to the appropriate tribunal referred to in Subsection (7).
- If the Public Prosecutor considers that the matter should be proceeded with, he shall refer the matter, together with the statement of the Ombudsman Commission, to the appropriate tribunal referred to in Subsection (7).
- Where a matter has been referred to the Public Prosecutor under Subsection (1) and the Public Prosecutor has failed to refer it to the appropriate tribunal or the Ombudsman Commission is of the opinion that the matter has not been properly referred to the appropriate tribunal, the Commission may refer the matter, together with a statement of its reasons for its opinion, to the appropriate tribunal referred to in Subsection (7).
- The tribunal shall make due inquiry into the matter referred to it, with legal formalities and in strict compliance with the rules of evidence and the provisions of the Evidence Act, (Chapter 48), and may inform itself in such manner as it thinks proper, subject to compliance with the principles of natural justice.
- If the tribunal finds that a person to whom this Law applies is guilty of misconduct in office, it shall recommend to the appropriate authority that-(a)he be dismissed from office or position; or(b)as permitted by Section 28(1A) (further provisions relating to the Leadership Code) of the Constitution and in the circumstances set out in that subsection-some other penalty provided for by an Act of the Parliament be imposed.
- The tribunal shall announce its decision in public, and shall send a copy of the decision to the Speaker, for presentation to the Parliament, and to the National Executive Council and, in the case of a Judge, a Law Officer or the Chief Magistrate, to the Judicial and Legal Services Tribunal.
- For the purposes of this section—
"the appropriate authority" means, in relation to a person to whom this Law applies, the authority to whom, in accordance with Section 28(1)(g) (ii) or Section 28(1A) of the Constitution, a recommendation under that provision in relation to him should be made;"the appropriate tribunal" means—
(a)in the case of alleged misconduct in office by the Chief Justice-the tribunal referred to in Section 179 (removal from office of Chief Justice) of the Constitution; orin the case of alleged misconduct in office by a Judge, a Law(b)Officer or the Chief Magistrate-the tribunal referred to in Section 180 (removal from office of other Judges, etc.) of the Constitution; or
(c)in the case of alleged misconduct in office by any other constitutional office—holder—the tribunal established by Section 3 of the Organic Law on the Guarantee of the Rights and Independence of Constitutional Office—holders; or(d)in the case of alleged misconduct in office by the Prime Minister—a tribunal appointed by the Chief Justice, consisting of a Chairman and two other members, all of whom must be—
(i)Judges or former Judges of the National Court; or
(ii)former Judges of the pre—Independence Supreme Court of Papua New Guinea; or
(iii)Judges or former Judges of an equivalent court of a country that has a legal system similar to that of Papua New Guinea; or
(e)in any other case– a tribunal consisting of a Judge (who shall be the Chairman) and two senior magistrates appointed by the Chief Justice.
The Judicial and Legal Services Commission shall determine the matters referred to in paragraph (d)(iii) of the definition “the appropriate tribunal”.
- Where a matter has been referred to a tribunal under Section 27 the person alleged to have committed misconduct in office is suspended from duty.
- A suspension under Subsection (1) is on full pay.
29.Application of Section 21 to tribunals
Section 21 applies, with the necessary modifications, to the production of documents, papers or things to a tribunal in the same way as it applies to the Ombudsman Commission.
30.Effect of proceedings
- The result of any proceedings in respect of a charge of misconduct in office is not a bar to proceedings in respect of the same act under any other provision of the Constitution or any other law.
- The result of any proceedings under any other provision of the Constitution or of any other law is not a bar to proceedings in respect of the same act under this Law.
- It is the duty of the Supreme Court and the National Court to ensure that advantage is not taken of Subsection (1) or (2) in cases that are truly vexatious or oppressive, and that proceedings under one provision or law are not used primarily with a view to obtaining evidence for use in or in relation to, or to gain advantage in or in relation to, other proceedings.