National Court Act (Chapter 38)

Coming into Force16 September 1975
Published date16 September 1975
Revision Date01 October 2021
Year1975
Type of DocumentHistoric Legislation
National Court Act (Chapter 38)

[National Court Act (Chapter 38) consolidated to No 4 of 2008]

INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 38.

National Court Act.

Being an Act to implement Subdivision VI.5.D (the National Court of Justice) and Section 168 (qualifications) of the Constitution to provide for—

(a) the qualifications for appointment as a Judge of the National Court; and

(b) the practice and procedure of the National Court; and

(c) other related matters.

PART I.—QUALIFICATIONS FOR APPOINTMENT AS A JUDGE OF THE NATIONAL COURT.
1 Qualifications to be held by a citizen.

Subject to Section 4 of the Organic Law on the Terms and Conditions of Employment of Judges, a citizen is qualified for appointment as a Judge if—

(a) he—

(i) is a graduate in law of at least six years standing of a university in Papua New Guinea or of a university of another country the degree in law of which is recognized by the Judicial and Legal Services Commission as a sufficient academic qualification for appointment; and

(ii) has practised as a lawyer for not less than four years; or

(b) he—

(i) is a graduate in law of a university in Papua New Guinea or of a university of another country the degree in law of which is recognized by the Judicial and Legal Services Commission as a sufficient academic qualification for appointment; and

(ii) has not less than five years' experience in Papua New Guinea as a Magistrate Grade IV. or a Magistrate Grade III., or partly as a Magistrate Grade IV. and partly as a Magistrate Grade III.

2 Qualifications to be held by a non-citizen.

Subject to Section 4 of the Organic Law on the Terms and Conditions of Employment of Judges, a non-citizen is qualified for appointment as a Judge if—

(a) he is or has been a lawyer who has practised as a lawyer—

(i) in Papua New Guinea; or

(ii) in a country with a legal system that, in the opinion of the Judicial and Legal Services Commission, is substantially similar to the legal system of Papua New Guinea; or

(iii) in Papua New Guinea and in a country referred to in Subparagraph (ii),

for a total period of not less than five years; or

(b) he was a Judge or an acting Judge of the pre-Independence Supreme Court; or

(c) he is or has been a Judge of a court of unlimited jurisdiction in a country with a legal system that, in the opinion of the Judicial and Legal Services Commission, is substantially similar to the legal system of Papua New Guinea.

PART II.—ADMINISTRATION.
3 Principal Seat of the National Court.

The Chief Justice, after consultation with the other Judges, shall determine the Principal Seat of the National Court.

4 Sittings and Registries of the National Court.

The Chief Justice, after consultation with the other Judges, shall determine—

(a) the place and frequency of sittings of the National Court; and

(b) the location and number of registries of the Court.

5 Seal of the Court.

(1) The National Court shall have a seal of the Court for the sealing of all writs and other instruments and documents issued out of the Court and requiring to be sealed.

(2) In addition to the seal provided for by Subsection (1), the Court shall, for the purposes of authentication of Court documents, have...

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