| Coming into Force | 13 March 1980 |
| Published date | 13 March 1980 |
| Revision Date | 01 October 2021 |
| Year | 1979 |
| Type of Document | Current Version |
[Probation Act (Chapter 381) consolidated to No 18 of 2019]
INDEPENDENT STATE OF PAPUA NEW GUINEA.
CHAPTER No. 381.
Probation Act.
Being an Act to establish a probation service, to provide for social rehabilitation of offenders and for related purposes.
This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely—
(a) freedom of assembly and association conferred by Section 47 of the Constitution; and
(b) the right to privacy conferred by Section 49 of the Constitution; and
(c) the right to freedom of movement conferred by Section 52 of the Constitution,
is a law that is made for that purpose.
In this Act unless the contrary intention appears—
"Chief Probation Officer" means the Chief Probation Officer referred to in Section 5(a);
"Court" in relation to an application or other matter, connected with a probation order, means a Court exercising the same jurisdiction as the Court that made the order except a Village Court;
"declared area" means an area declared under Section 3;
"offender" means a person who commits a crime;
"period of probation" means a period specified in a probation order in accordance with Section 16(2) and, includes, where the period has been extended under this Act, the extension;
"probationer" means a person to whom a probation order is in force;
"probation officer" means a person referred to in Section 5(b);
"probation order" means an order made under Section 16(2);
"relevant court" . . . . [Repealed]
"Senior Probation Officer" means a person referred to in Section 5(b);
"Service" means the Probation Service established by this Act;
"this Act" . . . [Repealed]
"voluntary probation officer" means a person appointed under Section 6(1).
(1) This Act applies to a declared area.
(2) The Minister, acting in accordance with the advice of the Departmental Head and the Chief Probation Officer, may, by notice in the National Gazette, declare an area of the country to be a declared area for the purposes of this Act.
The Probation Service is hereby established.
For the purposes of the Service, there shall be—
(a) a Chief Probation Officer; and
(b) such number of Senior Probation Officers and probation officers as are required,
who shall be officers or employees of the Public Service.
(1) Subject to Subsection (2), the Chief Probation Officer may, by writing, appoint a person to be a voluntary probation officer.
(2) An appointment under Subsection (1) shall not be made where the person is the holder of an office or appointment that is inconsistent with the exercise of the powers, or the performance of the duties and functions, of a probation officer.
(3) The Chief Probation Officer may delegate his power of appointment in writing under Subsection (1), including the power to revoke an appointment to a Senior Probation Officer; and
(4) An appeal against a revocation of appointment by a delegate under Subsection (3) lies with the Chief Probation Officer who may confirm, vary or rescind the revocation.
(1) A voluntary probation officer shall be deemed to be a worker employed by the State for the purposes of the Workers Compensation Act (Chapter 179).
(2) A voluntary probation officer shall not be entitled to a salary or other remuneration for services rendered by him under this Act but may be reimbursed such expenses as are necessarily incurred by him in the proper performance of his duties and functions and at such rates as are determined by the Departmental Head in consultation with the Departmental Head of the Department of Personnel Management.
The Chief Probation Officer shall be responsible for the efficient management of the Service and in particular shall—
(a) be responsible for preparation of such reports of investigation and supervision as are necessary; and
(b) assign probation officers to serve in such areas and for such cases as he determines; and
(c) direct and supervise the work of probation officers and other employees assigned to him; and
(d) formulate and implement methods of investigation, supervision of probationers, record keeping and reporting; and
(e) conduct training courses for staff of the Service; and
(f) develop policies and procedures for probation work; and
(g) have such other functions, powers, duties and responsibilities prescribed under this Act or any other law.
It is the duty of a Senior Probation Officer—
(a) to supervise the work of probation officers as the Chief Probation Officer directs; and
(b) to perform such other duties as the Chief Probation Officer directs under this Act or any other law.
It is the duty of a probation officer—
(a) to supervise, advise, assist and where possible to befriend, a probationer under him for the purposes of social rehabilitation of that probationer; and
(b) to perform such duties as are assigned to him under this Act or any other law; and
(c) to perform such other duties as the Chief Probation Officer directs.
It is the duty of a voluntary probation officer—
(a) to advise, assist and supervise where possible, to befriend a probationer as directed by a Probation Officer.
(b) when required by a probation officer to do so—to prepare and submit written reports to that probation officer in respect of a probationer; and
(c) generally to assist a probation officer in the performance of his duties.
(1) A probation officer shall not, in the performance of his duties and functions under this Act or under any other law, perform those duties and functions for a purpose other than for the furtherance of the principal purpose for which the Service is established, namely the social rehabilitation of offenders.
(2) Whether the performance of a duty or function in any general or particular circumstances is for the furtherance of the principal purpose referred to in Subsection (1) is as determined by the Chief Probation Officer.
(1) In this section, "offence" does not include an offence for which a mandatory minimum sentence is provided for by any law.
(2) Where a court requests assistance in determining the most suitable method of dealing with a...
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