National Court Act (Chapter 38)

JurisdictionPapua New Guinea
Coming into Force16 September 1975
Year1975
Published date16 September 1975
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 Principal Seat of the National Court shall be in the National Capital District. 4. Sittings of the National Court. Sittings of the National Court shall be held as required at— (a) the Principal Seat of the Court; and (b) such other places as the Court appoints, at such time or times as the Court determines. 5. Registries. The Minister may establish such registries of the National Court as he thinks necessary, and shall notify in the National Gazette the establishment of any registry. 6. Registrar, Deputy Registrars and officers. The Judicial and Legal Services Commission may appoint— (a) an officer to be the Registrar of the National Court; and (b) officers to be Deputy Registrars of the National Court; and (c) such other officers as are necessary. 7. Associates. The Minister may appoint persons to be Associates to the Judges on such terms and conditions as are determined by the Public Services Commission. 8. 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 a seal or stamp with...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT