Public Services (Management) Act 1995

• Coming into Force: 01 January 1995
• Year: 1995
• Published date: 01 January 1995
• Revision Date: 01 October 2021
• Type of Document: Current Version

Contenidos

• Public Services (Management) Act 1995
• PART I.—PRELIMINARY.
• 1. Compliance with Constitutional requirements.
• 2. Interpretation.
• 3. Application of this Act.
• 4. Application of Public Services Conciliation and Arbitration Act (Chapter 69).
• PART II.—THE PUBLIC SERVICES COMMISSION.
• 5. Appointment of Chairman. [Repealed]
• 6. Conditions of employment.
• 7. Declaration of office.
• 8. Disqualification from office.
• 9. Special conditions of employment.
• 10. Resignation.
• 11. Retirement.
• 12. Acting Chairman and acting members of the Commission.
• 13. Powers of the Commission.
• 14. Commission proceedings in camera.
• 15. Procedures of the Commission.
• 16. Delegation by the Commission.
• 17. Annual report by Commission.
• 17A. Secretariat of the Commission.
• PART III.—REVIEW OF PERSONNEL MATTERS.
• 18. Review of Personnel Matters in Relation to Appointment, Selection or Discipline.
• PART IV.—REVIEW OF ORGANIZATIONAL MATTERS.
• 19. Review of organizational matters.
• PART V.—ORGANIZATION OF THE NATIONAL PUBLIC SERVICE.
• 20. Departments of the Public Service.
• 21. Functions of Departments.
• PART VA.—CHIEF SECRETARY TO GOVERNMENT. [Repealed]
• 21A. Chief Secretary to Government. [Repealed]
• 21B. Functions of Chief Secretary to Government. [Repealed]
• 21C. Powers of The Chief Secretary to Government. [Repealed]
• 21D. Annual Report by Chief Secretary to Government. [Repealed]
• PART Vl.—DEPARTMENTAL HEADS.
• 22. Departmental Heads.
• 22A. Functions of Departmental Heads.
• 22B. Powers of the Departmental Head of the Department of Personnel Management.
• 23. Delegation of powers and functions by the Departmental Head of the Department of Personnel Management.
• 24. Responsibilities of Departmental Heads.
• 24A. Work performance of Departmental Heads.
• 25. Filling of vacancies in certain offices of Departmental Head.
• 25A. Merit-based appointment process.
• 26. Application.
• 27. Appointments to offices of Departmental Head.
• 28. Contracts of employment.
• 29. Employment under contract to constitute service.
• 30. Cessation of employment in Public Service.
• 31. Acting appointments of Departmental Heads.
• 31A. Procedures relating to substantive appointment of Departmental Heads.
• 31B. Procedures relating to temporary appointments of Departmental Heads.
• 31C. Procedures relating to revocation of appointments of Departmental Heads.
• 31D. Procedures relating to suspension from office of Departmental Heads.
• 32. Reports.
• PART VII.—CREATION OF OFFICES.
• 33. Creation and abolition of offices.
• 34. Temporary offices.
• PART VIII.—QUALIFICATIONS.
• 35. Qualifications for admission to the Public Service.
• PART IX.—RECRUITMENT.
• 36. Recruitment.
• 37. Temporary employment.
• PART X.—APPOINTMENTS AND PROMOTIONS.
• 38. Effect of Constitution, Section 193.
• 39. Acting appointments.
• 39A. Procedures relating to appointments, revocation of appointments and suspension from office of the Secretary to the National Executive Council and certain other officers and positions to and in respect of which Section 193 of the Constitution applies.
• PART XI.—CONTACT EMPLOYMENT.
• 40. Designation of senior management offices.
• 41. Contracts of employment.
• 42. Employment under contract to constitute service.
• 43. Administration of contracts.
• PART XII.—TRAINING.
• 44. Training.
• 44A. Citizen technical advisers.
• PART XIII.—SALARIES AND ALLOWANCES.
• 45. Salary classifications.
• 46. Allowances.
• 47. Deductions from officers' entitlements.
• 48. Recovery of salary and allowances.
• 49. Pay during suspension.
• PART XIV.—DISCIPLINE.
• 50. Disciplinary offences.
• 51. Dealing with minor disciplinary offences.
• 52. Dealing with serious disciplinary offences.
• 53. Officer charged with criminal offence.
• 54. Strikes.
• PART XV.—RESIGNATION AND RETIREMENT.
• 55. Persons who have resigned from the public service to become candidates at elections.
• 56. Age of retirement.
• 56A. Retirement age for Heads of Missions.
• 56B. Departmental Head to keep records of staff for retirement purposes.
• 57. Retirement on account of officer's incapacity.
• PART XVI.—PROVINCIAL GOVERNMENT AND LOCAL-LEVEL GOVERNMENT ADMINISTRATION.
• 58. Provincial and Local-level Administrative organization.
• 59. Functions of a Provincial and Local-level Administrative Organization.
• 60. Procedures relating to substantive appointments of Provincial Administrators.
• 60A. Procedures relating to temporary appointments of Provincial Administrators.
• 60B. Procedures relating to revocation of appointments of Provincial Administrators.
• 60C. Procedures relating to suspension from office of Provincial Administrators.
• 61. Appointment procedures in relation to District Administrators.
• 62. Terms and conditions of employment of Provincial Administrators and District Administrators.
• 63. Additional functions of a Provincial Administrator.
• 64. Additional functions of District Administrator.
• 65. Assignment of staff.
• 66. Secondment of staff to and from other bodies.
• 67. Matters relating to Provincial Treasurers and other officers assigned to Provincial and District Treasuries.
• 68. Provincial Government and Local-level Government Secretariats.
• 69. Appointments to offices in Provincial Governments and Local-level Governments Secretariats, etc.
• PART XVII.—GENERAL ORDERS AND CODES OF CONDUCT.
• 70. General Orders.
• 70A. Codes of Conduct.
• 70B. Gender equity and socially acceptable inclusiveness.
• PART XVIII.—MISCELLANEOUS.
• 71. Interpretation of Part XVIII.
• 72. Designated positions.
• 73. Appointment to designated positions.
• 74. Eligibility for appointment to offices generally.
• 75. Powers of Commissioner General of Internal Revenue and Auditor-General and Provincial Administrators.
• 76. Engagement in outside employment and acquisition of land.
• 77. Air Insurance Cover.
• 78. Regulations.
• PART XIX.—REPEAL.
• 79. Repeal.
• PART XX.—TRANSITIONAL AND SAVING.
• 80. Transfer of Departments.
• 81. Transfer of offices.
• 82. Transfer of officers.
• 83. Disciplinary offences.
• 84. Procedure in respect of appointments, etc.
• 85. Acts, etc., done under repealed Acts.
• 86. Service.
• 87. Provincial administration.
• 88. Retirement age of existing Departmental Heads and officers.

Public Services (Management) Act 1995

Warning: The Public Services (Management) Act 1995 (No 19 of 1995) has been amended by the The Public Services (Management) (Amendment) Act 2021 (No 11 of 2021) which at the date of publication of this Infobase (18) had only come partly into force, see the Act itself.

The Public Services (Managament) Act2014 was ruled invalid by the Supreme Court in SC1781 and this brought the Public Services (Managament) Act 1995 back into operation.

[Public Services (Management) Act 1995 consolidated to No 11 of 2021]

INDEPENDENT STATE OF PAPUA NEW GUINEA.

No. 19 of 1995.

AN ACT

entitled

Public Services (Management) Act 1995,

The Public Services (Managament) Act 2014 was ruled invalid by the Supreme Court in SC1781 and this brought the Public Services (Managament) Act 1995 back into operation.

Being an Act—

(a) to make provision for the appointment, conditions of employment, constitution, powers, procedures and functions of the Public Services Commission in accordance with Section 190 (Establishment of the Commission) and 191 (Functions of the Commission) of the Constitution; and

(b) to implement Section 195 (Organisation, etc., of the State Services) of the Constitution in relation to the Public Service; and

(c) to implement the Organic Law on Provincial Governments and Local-level Governments insofar as an Act of the Parliament is required to make provision relating to the staffing of Provincial Governments and Local-level Governments; and

Paragraph (d) added by the Public Services (Management) (Amendment) Act 1998 (No 24 of 1998), s2.

(d) to make provision for ensuring the implementation of decisions, directions and policies of the National Executive Council by the National Public Service and public bodies,

and for related purposes,

MADE by the National Parliament to come into operation—

(a) insofar as relating to Part XVI (and such other provisions as are directly relevant to the operation of Part XVI)—in accordance with the coming into operation of the Organic Law on Provincial Governments and Local-level Governments; and

(b) insofar as relating to the remainder—in accordance with a notice in the National Gazette by the Head of State, acting with, and in connection with, the advice of the Minister.

PART I.—PRELIMINARY.

1 Compliance with Constitutional requirements.

(1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subsection III.3.C (qualified rights) of the Constitution, namely:—

(a) freedom of expression conferred by Section 46 of the Constitution; and

(b) freedom of assembly and association conferred by Section 47 of the Constitution; and

(c) the right to privacy conferred by Section 49 of the Constitution; and

(d) the right to vote and stand for public office conferred by Section 50 of the...