The Legal Policy & Governance Branch (LPG Branch) is a newly created Branch under the White Paper on Law & Justice Sector (White Paper). The LPG Branch was formerly the Executive Services and Administrative Law Branch (commonly known as Executive Services Branch).

The LPG Branch has inherited all of the work previously undertaken by the then Executive Services Branch, including new issues related to legal policy, some of which are discussed below.

The Goal and Objective of the LPG Branch:

Goal:  To provide a proactive and valued legal policy capability and legislative development service to the State, and its agencies and instrumentalities.

Objective

• To provide an efficient and effective legal policy capability.

1. SUMMARY OF THE MAIN DUTIES & RESPONSIBILITIES.

1. Provision of legal policy opinion and advice on any issues that may arise that fall under the portfolio responsibility of the Minister and policy related to legislative reforms.

These include:

• Central authority for mutual assistance in criminal matters and extradition;
• Monitoring the implementation of the Proceeds of Crime Act;
• Implementation of relevant international obligations such as UN Conventions against Anti-Corruption and Suppression of Terrorist Financing;
• Implementation of UN Convention on Transnational Organized Crime;
• Assistance in conducting relevant legal policy training for international crime cooperation;
• Developing legislative proposals that fall within the portfolio responsibility of the Minister such as addressing pornography, night club bans, kidnapping, whistle blowing, Independent Commission against Corruption, etc.;

2. Provision of legal opinion and advice on any legal issues that may arise as requested or directed by or through the Secretary & Attorney General and or the Minister ( As a general rule, legal advice is provided by the Office of the State Solicitor. However, the Secretary or the Minister may request the LPG Branch to provide legal advice in certain instances).

Some of these include:

• Legal advice on Bougainville autonomy arrangements (in consultation with the Office of State Solicitors), including the Minister’s participation in the Joint Ministerial Committee (JSB);
• Legal advice through the Attorney General as the Principal Legal Adviser to Cabinet, eg. Death Penalty, Proceeds of Crime etc;
• Preparation and clearance of NEC Submissions, eg. International obligations, Amendment to the Lawyers Act, Juvenile Justice Act, HIV AIDS Management Bill, Proceeds of Crime Bill etc;
• Legal advice provided through attendance at the Central Agencies Deputy Secretaries’ Meetings or relevant high level meetings/workshops;
• Legal Advice for the Minister on his functions and responsibilities as envisaged under the various legislations he administers;
• Legal advice on the status and interpretation of various legislations as and when requested, eg Appointment Process of the Governor General.

3. Provision and facilitation of executive and administrative   services such as:-

• Secretariat services to the Advisory Committee on the Power of Mercy (ACOPOM) and the Judicial Legal Services Commission (JLSC) of which the Minister is the Chairman;
• Registration of Overseas Maintenance Orders cases;
• Processing of Commissioners for Oaths applications and drafting of instruments in which the Minister is the appointing authority;
• Reviewing of Coroners’ cases and drafting of instruments;
• Reviewing of Public Solicitor’s decision not to grant legal aid;
• Reviewing of NEC Submissions and preparation of the same for the department;
• Preparation of Country Reports, eg. PILOM (now PILON) Report, Commonwealth Law Minister’s Meetings, Melanesian Spearhead Group (MSG) Reports etc.
• Preparation of documentation on other legislation administered by the Minister for Justice, for example, the upgrading of the positions of the State Solicitor and the Solicitor General.

4. Representing the Attorney General, Secretary and the Department on external Committees, Investigations, Reviews, Commissions of Inquiries etc.

• Legislative Sub Committee to the National Monitoring Authority – Re: Organic Law on Provincial Governments & Local Level Governments;
• National Land Transport Board;
• National Health Board;
• Information Technology Board;
• Law and Order Sectoral Committee to Consultative Implementation & Monitoring Council;
• Bougainville Peace Process and Negotiations on Autonomy, especially the Joint Supervisory Body (JSB);
• Commissions of Inquiries such as those relating to NPF, UPNG Students’ Unrest, the Sale & Privatisation of PNGBC and related matters and the Investment Corporation of Papua New Guinea (ICPNG);
• Proceeds of Crime Working Committee;
• RPNGC Administrative review;
• ICT User Group on Integrated Government Information System (IGIS);
• Village Courts Secretariat Project on Women and Custom;
• Legal Issues Working Group (LIWG) established as a result of the Bali Bombings;
• Committee on the Hague Convention on Child Abduction;
• Activity management Team on Fraud & Anti-Corruption;
• Asia Pacific Group on Money Laundering;
• Various CLRC Committees, including Trafficking in Persons and People Smuggling;
• Investigation Team on the Office of Climate Change;
• Co-Chair, Inter-Departmental Committee on Anti-Corruption;
• NSAC Sub-Committee on the recent Bomana breakout (2010);
• Provincial and Local level Service Monitoring Authority;
• National Economic & Fiscal Committee;
• Joint PNG-Malaysia ICT Committee
• Any ad hoc Committee(s) established by law or NEC decision.

Core Functions as listed in the Annual Plan 2011

• Implementing the policy objectives and legislative program of the Minister for Justice, including the establishment of an independent anti-corruption authority, whistleblower protections, introducing a revised approach to capital punishment, and assisting with the establishment of a human rights commission
• Performing specific statutory duties for the Minister/Attorney General (including appointment of Commissioners of Oaths, aspects of the Coroner's Act, power of mercy, and enforcement of overseas maintenance orders) and representing DJAG on various inter-departmental committees and international workshops/meetings where appropriate
• Assist in implementing the White Paper on Law and Justice in Papua New Guinea
• Provide legal policy and legislative assistance to other areas within the portfolio responsibility of the Minister for Justice
• Monitoring the implementation and operation of the Proceeds of Crime Act 2005, and relates issues such as anti-money laundering
• Implementing UN conventions, including the Convention Against Corruption, Convention Against Transnational Organised Crime and related Protocols, Terrorism Conventions and, where relevant, Human Rights Conventions
• Administering the Mutual Assistance in Criminal Matters Act 2005 and Extradition Act 2005 (international crime cooperation)
• Researching and developing proposals to give effect to new policy initiatives and agendas, and developing implementing legislation where necessary, particularly in relation to administrative justice issues

D.          EXTERNAL LINKS

In the performance of our functions, the Branch is linked to other State agencies such as the Courts, in relation to JLSC, overseas maintenance cases and the Coroners’ cases; Correctional Services in relation to release of prisoners under the power of mercy; the Department of Provincial and Local Government Affairs in relation to the legislative requirements of the Organic Law on Provincial Governments and Local-level Governments and the Bougainville Autonomy Arrangements; Proceeds of Crime  and related legislations in relation to the Public Prosecutor’s Office and Police; legislative and administrative reviews such as the RPNGC Administrative Review with the Police, Ombudsman Commission etc; Regional Forum Security Issues such as Melanesian Spearhead Group (MSG), Pacific Islands Law Officers Network (PILON), Commonwealth Law Ministers and Attorneys General Meetings etc and other State agencies that require our assistance on any legal matters such as NEC Submissions, legal clearance, and legal advice, from time to time.  We have also established a strong relationship with some of PNG’s donor agencies such as AusAid, AMLAT, UNDP,UNODC, IDLO, IMF etc. 

We are also the Department’s contact point for a number of international organizations such as the Asia Pacific Group on Money Laundering, UNODC on anti-corruption etc.

We also facilitate mutual legal assistance requests from foreign countries and are we work closely with the Police and the Office of Public Prosecutor. Our first mutual legal assistance request to Australia was successful and it resulted in a conviction before the courts in PNG.

Membership of the Asia Pacific Group on Anti-Money Laundering

 PNG became the 40th member of this Group in December 2009 and early last month, we were subject to a two week on-site assessment on our anti-money laundering (AML) and counter financing of terrorism (CFT) regimes by a World Bank led Team. Our officers are currently reviewing the draft report provided by the Assessment Team before we officially respond at the Annual Plenary in India, in July 2011.

United Nations Convention Against Corruption (UNCAC)

PNG has been approached by the UNCAC Secretariat to be one of the first countries to be reviewed on its implementation of UNCAC. A Submission was prepared for Cabinet’s endorsement and we are still awaiting the response before we officially inform the UNCAC Secretariat. We have also worked in close consultation with the Prime Minister’s Department in developing the National Anti-Corruption Strategy.

1. NEC SUBMISSIONS

The Branch has been involved in preparing a number of NEC Submissions. Some of these include the abolishment of Death Penalty, the establishment of a National Coordinating Mechanism for Anti-Money Laundering and Counter Financing of Terrorist Activities and the establishment of a Anti Corruption Agency or similar, the appointment of Land Titles Commissioners, appointment of State Prosecutors etc. We have also provided comments on Submissions done by other stakeholders.