Constitution of the Independent State of Papua New Guinea/Part V

by The Government of Papua New Guinea

PART V.—THE HEAD OF STATE

PART V.—THE HEAD OF STATE.

Division 1.—The Head of State

Division 1.—The Head of State.

82. Queen and Head of State.

• (1) Her Majesty the Queen—
  • (a) having been requested by the people of Papua New Guinea, through their Constituent Assembly, to become the Queen and Head of State of Papua New Guinea; and
  • (b) having graciously consented so to become, is the Queen and Head of State of Papua New Guinea.

• (2) Subject to and in accordance with this Constitution, the privileges, powers, functions, duties and responsibilities of the Head of State may be had, exercised and performed through a Governor-General appointed in accordance with Division 3 (appointment, etc., of Governor-General) and, except where the contrary intention appears, reference in any law to the Head of State shall be read accordingly.

83. Queen's successors.

The provisions of this Constitution referring to the Queen extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom of Great Britain and Northern Ireland.

84. Precedence.

The Head of State takes precedence in rank over all other persons in Papua New Guinea, and the Governor-General takes precedence in rank immediately after the Head of State.

85. Royal Style and Titles.

The Style and Titles of the Head of State are as determined by Act of the Parliament, and until such an Act is made are—

• Elizabeth II, Queen of Papua New Guinea and Her other Realms and Territories, Head of the Commonwealth.

Division 2.—Functions, etc., of the Head of State

Division 2.—Functions, etc., of the Head of State.

86. Functions, etc.

• (1) The privileges, powers, functions, duties and responsibilities of the Head of State are as prescribed by or under Constitutional Laws and Acts of the Parliament.

• (2) Except as provided by Section 96(2) (terms and conditions of employment), in the exercise and performance of his privileges, powers, functions, duties and responsibilities the Head of State shall act only with, and in accordance with, the advice of the National Executive Council, or of some other body or authority prescribed by a Constitutional Law or an Act of the Parliament for a particular purpose as the body or authority in accordance with whose advice the Head of State is obliged, in a particular case, to act.

• (3) Any instrument made by or in the name of the Head of State shall recite that it is made with, and in accordance with, the advice of the National Executive Council or of any other body or authority in accordance with whose advice the Head of State is obliged, in the particular case, to act, but failure to comply with this subsection does not affect the validity of an instrument.

• (4) The question, what (if any) advice was given to the Head of State, or by whom, is non-justiciable.

Division 3.—Appointment, etc., of Governor-General

Division 3.—Appointment, etc., of Governor-General.

87. Qualifications for appointment.

• (1) The Governor-General must be a citizen who—
  • (a) is qualified to be a member of the Parliament (except for the reason that he occupies the office of Governor-General); and
  • (b) is a mature person of good standing who enjoys the general respect of the community.

• (2) The question, whether for the purposes of Subsection (1) a person is a person to whom Subsection (1)(b) applies, is non-justiciable.

• (3) The Governor-General must not hold any office or position or engage in any calling other than that of, or an office or position associated with, his office as Governor-General, except with the consent of the Head of State, acting with, and in accordance with, the joint advice of the National Executive Council and the Ombudsman Commission.

• (4) A request for the consent of the Head of State under Subsection (3) shall not be made unless agreement on the matter in relation to which the consent is sought has been reached between the National Executive Council and the Ombudsman Commission.

• (5) No person is eligible for appointment as Governor-General more than once unless the Parliament, by two-thirds absolute majority vote, approves appointment for a second term, but no person is eligible for appointment for a third term.

88. Appointment to office.

• (1) Except in the case of the first Governor-General appointed before Independence Day the Governor-General shall be appointed by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given in accordance with a decision of the Parliament.

• (2) A decision of the Parliament to nominate a person for appointment as Governor-General shall be made by a simple majority vote, in an exhaustive secret ballot conducted in accordance with an Organic Law.

• (3) Subject to Subsection (5), the Speaker shall, within the period of three months before the completion of the normal term of office of the Governor-General, call a meeting of the Parliament to nominate the next Governor-General.

• (4) Subject to Subsection (5), in the event of a casual vacancy in the office of Governor-General, the Speaker shall, as soon as practicable, call a meeting of the Parliament to nominate the next Governor-General.

• (5) If—
  • (a) at a time when a meeting of the Parliament should otherwise be called under Subsection (3) or (4) a general election to the Parliament has been ordered; or
  • (b) between the time when a meeting of the Parliament should otherwise be called under Subsection (3) and the date of the completion of the normal term of office of the outgoing Governor-General a general election to the Parliament is due to be held in accordance with this Constitution,
• the Speaker shall not call a meeting of the Parliament in accordance with Subsection (3) or (4), as the case may be, and a nomination shall be made at the first meeting of the new Parliament as its first item of business after any formal business and the election of a Speaker.

89. Assumption of office.

Notwithstanding Section 90 (Declaration of Loyalty, etc.) for the purposes of this Constitution a person appointed as Governor-General takes office—

• (a) subject to paragraph (b), at the end of his predecessor's term of office; or

• (b) if he is appointed to fill a casual vacancy—on the date of his appointment.

90. Declaration of Loyalty, etc.

• (1) Before entering upon the duties of his office, a Governor-General shall take the Oath of Allegiance and make the Declaration of Loyalty and the Declaration of Office before the Chief Justice and in the presence of the Parliament, but during a period of declared national emergency they may be taken and made in such manner as is directed by the National Executive Council.

• (2) If the Governor-General has not complied with Subsection (1) before taking office—
  • (a) he is suspended from office until such time as he does so; and
  • (b) if he does not do so at the first reasonably available opportunity, he may be dismissed from office by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given in accordance with a decision of the Parliament, and in that event is not eligible for re-appointment for a period of six years.

91. Normal term of office.

Unless he earlier dies, resigns, ceases to be qualified for office in accordance with Section 87 (qualifications for appointment), is dismissed under Section 90 (Declaration of Loyalty, etc.), or 93(1) (dismissal and removal from office), or is removed from office under Section 93(2) (dismissal and removal from office), the Governor-General holds office for a term of six years from the date of his assumption of office in accordance with Section 89 (assumption of office), plus any period that is required, in accordance with Section 88(5) (appointment to office), for the appointment of the next Governor-General.

92. Resignation.

• (1) The Governor-General may resign from office by notice in writing to the Head of State.

• (2) The resignation takes effect on its acceptance by the Head of State, acting with, and in accordance with, the advice of the National Executive Council.

93. Dismissal and removal from office.

• (1) The Governor-General may be dismissed from office by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given in accordance with either—
  • (a) a decision of the National Executive Council; or
  • (b) a decision made by an absolute majority of the Parliament.

• (2) The Governor-General may be removed from office by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given in accordance with a decision of the Parliament, if the Speaker advises the Parliament that two medical practitioners appointed for the purpose by the National authority responsible for the registration or licensing of medical practitioners have jointly reported to the Speaker that, in their professional opinions, the Governor-General is unfit, by reason of physical or mental incapacity, to carry out the duties of his office.

94. Suspension from office.

• (1) The Governor-General may be suspended from office—
  • (a) by the National Executive Council, if he refuses or fails to act in accordance with the advice of the National Executive Council or of any other body or authority in accordance with whose advice he is obliged, in the particular case, to act, or acts, or purports to act contrary to, or without, any such advice; or
  • (b) in accordance with an Act of the Parliament pending an investigation for the purposes of Section 93(2) (dismissal and removal from office),
• and pending any resultant action by the Parliament.

• (2) If the Governor-General is suspended from office by the National Executive Council under Subsection (1)(a), the Prime Minister shall immediately inform the Speaker of the suspension and of the reasons for it.

• (3) If the Governor-General is suspended from office under Subsection (1)(a)—
  • (a) the Speaker shall, as soon as practicable, call a meeting of the Parliament at which the matter of the suspension and of the possible dismissal of the Governor-General shall be the first item of business after any formal business and, if necessary, the appointment of a Speaker; and
  • (b) the suspension may be lifted at any time by decision of the Parliament; and
  • (c) unless before the end of the meeting a recommendation is made in accordance with Section 93(1) (dismissal and removal from office) that the Governor-General be dismissed from office, the suspension ceases at the end of the meeting.

• (4) If the Governor-General is suspended from office under this section, the Prime Minister shall, as soon as practicable, inform the Head of State of the suspension and of the reasons for it.

• (5) A period of suspension under this section shall be taken into account in calculating for the purposes of this Division, the length of the period of service in office of the Governor-General.

95. Acting Governor-General.

• (1) In this section, a reference to the Speaker or to the Chief Justice shall be read as a reference to the substantive holder of that office.

• (2) If—
  • (a) there is a vacancy in the office of Governor-General; or
  • (b) the Governor-General is suspended from office; or
  • (c) the Governor-General is—
    • (i) on leave of absence; or
    • (ii) absent from the country; or
    • (iii) out of speedy and effective communication; or
    • (iv) otherwise unable to perform, or is not readily available to perform, the duties of his office,
• the Speaker is, subject to Subsection (3), the Acting Governor-General.

• (3) If at any time to which Subsection (2) applies—
  • (a) there is a vacancy in the office of Speaker; or
  • (b) the Speaker is suspended from office; or
  • (c) the Speaker is—
    • (i) on leave of absence; or
    • (ii) absent from the country; or
    • (iii) out of speedy and effective communication; or
    • (iv) otherwise unable to perform, or is not readily available to perform, the duties of his office,
• the Chief Justice (if he is a citizen) is the Acting Governor-General.

• (4) During any period when he is the Acting Governor-General, the Speaker or the Chief Justice shall not exercise or perform any of the other powers, functions, duties and responsibilities of the office of Speaker or Chief Justice, as the case may be, except that the Chief Justice may complete any proceedings actually commenced before him unless other suitable arrangements can be made.

• (5) When neither the Speaker nor the Chief Justice is available (or, in the case of the Chief Justice, qualified) to be the Acting Governor-General, the powers, functions, duties and responsibilities of the Governor-General shall be exercised and performed by a Minister appointed by the Head of State on the advice of the National Executive Council for the purpose.

• (6) The question, whether the occasion for the exercise or performance of a power, function, duty or responsibility by an Acting Governor-General or a Minister under this section has arisen or has ceased, is non-justiciable.

96. Terms and conditions of employment.

• (1) Subject to this Constitution, the terms and conditions of employment of the Governor-General are as determined by or under an Organic Law.

• (2) Except with the consent of the Governor-General the terms and conditions of employment of the Governor-General shall not be changed to his detriment during his term of office, and an Organic Law that so changes them shall recite the terms of the consent.

Division 4.—General

Division 4.—General.

97. Conveyance of decisions, etc.

Where any act is done, decision is made or advice is given by the Parliament or the National Executive Council under this Part, the Prime Minister shall immediately convey it to the Head of State.

98. Acts, etc., of the Head of State.

Unless the contrary intention appears, any act by the Head of State takes effect when it is formally advised to the Prime Minister or the National Executive Council.

Notes to amendments

footnotes to amendments:

References

• full PNG constitutional text; from Pacific Law Library.