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Judicial Protection
- English(1) This section is in addition to, and not in derogation of, Section 57 (enforcement of guaranteed rights and freedoms).
(2) A person whose rights or freedoms declared or protected by this Division are infringed (including any infringement caused by a derogation of the restrictions specified in Part X.5 (internment)) on the use of emergency powers in relation to internment is entitled to reasonable damages and, if the court thinks it proper, exemplary damages in respect of the infringement.
(3) Subject to Subsections (4) and (5), damages may be a awarded against any person who committed, or was responsible for, the infringement.
… (Sec. 58)
Judicial Protection
- English
(1) A right or freedom referred to in this Division6 shall be protected by, and is enforceable in, the Supreme Court or the National Court or any other court prescribed for the purpose by an Act of the Parliament, either on its own initiative or on application by any person who has an interest in its protection and enforcement, or in the case of a person who is, in the opinion of the court, unable fully and freely to exercise his rights under this section by a person acting on his behalf, whether or not by his authority.
(2) For the purposes of this section-
(a) the Law Officers of Papua New Guinea; and
(b) any other persons prescribed for the purpose by an Act of the Parliament; and
(c) any other persons with an interest (whether personal or not) in the maintenance of the principles commonly known as the Rule of Law such that, in the opinion of the court concerned, they ought to be allowed to appear and be heard on the matter in question, have an interest in the protection and enforcement of the rights and freedoms referred to in this Division, but this subsection does not limit the persons or classes of persons who have such an interest.
… (Sec. 57)
National Human Rights Bodies
- English(1) There shall be an Ombudsman Commission, consisting of a Chief Ombudsman and two Ombudsmen.
(2) The members of the Commission shall be appointed by the Head of State, acting with, and in accordance with, the advice of an Ombudsman Appointments Committee consisting of-
(a) the Prime Minister, who shall be Chairman; and
(b) the Chief Justice; and
(c) the Leader of the Opposition; and
(d) the Chairman of the appropriate Permanent Parliamentary Committee, or, if the Chairman is not a member of the Parliament who is recognized by the Parliament as being generally committed to support the Government in the Parliament, the Deputy Chairman of that Committee; and
(e) the Chairman of the Public Services Commission.
… (Sec. 217)
National Human Rights Bodies
- English(1) Subject to this section and to any Organic Law made for the purposes of Subsection (7), the functions of the Ombudsman Commission are-
(a) to investigate, on its own initiative or on complaint by a person affected, any conduct on the part of-
i. any State Service or provincial service, or a member of any such service; or
ii. any other governmental body, or an officer or employee of a governmental body; or
iii. any local government body or an officer or employee of any such body; or
iv. any other body set up by statute-
A. that is wholly or mainly supported out of public moneys of Papua New Guinea; or
B. all of, or the majority of, the members of the controlling authority of which are appointed by the National Executive, or an officer of employee of any such body; and
v. any member of the personal staff of the Governor-General, a Minister or the Leader or Deputy Leader of the Opposition; or
vi. any other body or person prescribed for the purpose by an Act of the Parliament, specified by or under an Organic Law in the exercise of a power or function vested in it or him by law in cases where the conduct is or may be wrong, taking into account, amongst other things, the National Goals and Directive Principles, the Basic Rights and the Basic Social Obligations;
… (Sec. 219)
National Human Rights Bodies
- EnglishThe purposes of the establishment of the Ombudsman Commission are-
(a) to ensure that all governmental bodies are responsive to the needs and aspirations of the People; and
(b) to help in the improvement of the work of governmental bodies and the elimination of unfairness and discrimination by them; and
(c) to help in the elimination of unfair or otherwise defective legislation and practices affecting or administered by governmental bodies; and
(d) to supervise the enforcement of Division III.2 (leadership code). (Sec. 218)