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Papua New Guinea Sessional Legislation |
PAPUA NEW GUINEA
Attorney-General (Amendment) Act 2022
No. 3 of 2022.
Certified on: 4 Mar 2022
ARRANGEMENT OF SECTIONS.
1. Interpretation (Amendment of Section 2).
"IPA"
"State".
2. Duties, functions and responsibilities of the Attorney-General (Repeal and replacement of Section 7).
"7. DUTIES, FUNCTIONS AND RESPONSIBILITIES OF THE ATTORNEY-GENERAL.".
3. New Sections 7A, 7B, 7C and 7D.
"7A. ATTORNEY-GENERAL'S ADVISORY COMMITTEE.
7B BRIEF-OUT MATTERS.
7C LAWYERS BILL.
7D OUT-OF-COURT SETTLEMENT.".
4. New Section 9A.
"9A. REPORTING.".
5. Establishment of the Office of the Solicitor-General (Repeal and replacement of Section 10).
"10. ESTABLISHMENT OF THE OFFICE OF THE SOLICITOR-GENERAL.".
6. Appointment of the Solicitor-General (Repeal and replacement of Section 11).
"11. APPOINTMENT OF THE SOLICITOR-GENERAL.".
7. Functions of the Solicitor-General (Repeal and replacement of Section 13). "
13. FUNCTIONS OF SOLICITOR-GENERAL.".
8. Functions of the State Solicitor (Amendment of Section 13A).
9. Appointment of the State Solicitor (Amendment of Section 13D).
10. New Section 17A.
"17A. TRANSITIONAL PROVISION.".
11. Regulations (Amendment to Section 18).
AN ACT
entitled
Attorney-General (Amendment) Act 2022,
Being an Act to amend the Attorney-General Act 1989 to provide for the powers of the Attorney-General, functions of the Solicitor-General and State Solicitor, and for related purposes,
MADE by the National Parliament.
Section 2 of the Principal Act is amended by inserting the following new definitions in alphabetical order:
""IPA", means the Investment Promotion Authority established by Section 5 of the Investment Promotion Authority Act 1992;
"State", in relation to the functions and powers of the State Solicitor and Solicitor-General, means government departments, Provincial and Local-level Governments and an arm, department, agency or instrumentality of the National Government or a Provincial Government and includes a body set up by statute or an administrative act for government or official purposes;".
The Principal Act is amended by repealing Section 7 and replacing it with the following:
"7. DUTIES, FUNCTIONS AND RESPONSIBILITIES OF THE ATTORNEY-GENERAL.
(1) For the purposes of this section, the State refers to public bodies and statutory bodies as defined under the Public Finances (Management) Act 1995.
(2) The duties, functions and responsibilities of the Attorney-General are -
- (a) to carry out the duties of the principal legal adviser to the National Executive Council and related duties in accordance with Section 8; and
- (b) to exercise the duties, functions and responsibilities conferred upon the Attorney-General or upon the principal legal adviser by the Constitution and other laws; and
- (c) to exercise the functions vested in the Office of the Attorney-General by virtue of the underlying law including the bringing of proceedings known as relator proceedings; and
- (d) to exercise powers delegated to him by the National Executive Council or a Committee of the National Executive Council; and
- (e) in accordance with Section 11, to recommend to the Judicial and Legal Services Commission to appoint a lawyer to be the Solicitor-General; and
- (f) in accordance with Section 13D, to recommend to the Judicial and Legal Services Commission to appoint a lawyer to be the State Solicitor; and
- (g) in accordance with Section 15, to grant a certificate that a barrister or solicitor practising outside the country is authorised to appear before the National and Supreme Courts; and
- (h) in accordance with Section 16, to grant a certificate to the Investment Promotion Authority; and
- (i) to brief-out to a lawyer or firm of lawyers, within or outside the country, to appear for the State in accordance with Section 7B; and
- (j) to vet and approve lawyers bills for brief-outs in accordance with Section 7C; and
- (k) to recommend to the Minister responsible for finance matters the payment by the State of ex-gratia sum of money, in cases where it appears nevertheless that the State should compensate a person as an act of grace; and
- (l) to vet and approve any out-of-court settlement by the State in accordance with Section 7D; and
- (m) to receive and to act upon the advise of the Attorney-General's Advisory Committee established under Section 7A.
(3) For the avoidance of doubt, a lawyer or firm of lawyers under Subsection (2) excludes the Solicitor-General and State Solicitor.".
The Principal Act is amended in Section 7 by inserting the following new sections:
"7A. ATTORNEY-GENERAL'S ADVISORY COMMITTEE.
(1) The Attorney-General's Advisory Committee is hereby established.
(2) The functions of the Attorney-General's Advisory Committee include providing advice to the Attorney-General on the following:
- (a) brief-out matters under Section 7B; and
- (b) vetting of lawyers bills under Section 7C; and
- (c) out-of-court settlement under Section 7D.
(3) The Attorney-General's Advisory Committee shall consist of -
- (a) the Secretary for Justice as the Chairperson (if the Secretary is not the Attorney-General); and
- (b) the Solicitor-General; and
- (c) the State Solicitor; and
- (d) two senior officers of the department at the Deputy Secretary level.
(4) The proceedings of the Attorney-General's Advisory Committee shall be as prescribed.
(5) Any form of communication between the Attorney-General and the Attorney-General's Advisory Committee is privileged and non-justiciable.
7B. BRIEF-OUT MATTERS.
(1) A brief-out by the Attorney-General under Section 7(2)(i) shall be made on the recommendation of the Attorney-General's Advisory Committee.
(2) A lawyer or a firm of lawyers appearing for the State in any matter without a brief-out shall be deemed to be acting without the instructions of the Attorney-General.
- Penalty: A fine not less than K500,000.00.
7C. LAWYERS BILL.
(1) Lawyers bill for brief-out shall only be settled after it has been vetted and approved by the Attorney-General on the recommendation of the Attorney-General's Advisory Committee.
(2) Where a State instrumentality pays legal bills without the approval of the Attorney-General, the head of the State instrumentality is personally liable to pay a fine of K50,000.00.
7D. OUT-OF-COURT SETTLEMENT.
The State shall not be liable for the payment of any out-of-court settlement, whether under deed of agreement or a contract, unless it has been approved by the Attorney-General on the recommendation of the Attorney-General's Advisory Committee.".
The Principal Act is amended by inserting after Section 9, the following new section:
"9A. REPORTING.
(1) The Solicitor-General and State Solicitor shall provide regular reports to the Attorney-General in relation to the performance of their functions.
(2) Any form of communication between the Attorney-General, and either the Solicitor-General or the State Solicitor is privileged and non-justiciable.".
The Principal Act is amended by repealing Section 10 and replacing it with the following:
"10. ESTABLISHMENT OF THE OFFICE OF THE SOLICITOR-GENERAL.
(1) There is established within the National Public Service, the Office of the Solicitor-General.
(2) The Office of the Solicitor-General consists of -
- (a) the Solicitor-General; and
- (b) such numbers of deputies who are appointed under the Public Services (Management) Act 1995; and
- (c) other officers and staff who must be officers or employees of the National Public Service.
(3) Subject to Section 26(3) of the Constitution (Application of Division 2), the Office of the Solicitor-General is declared to be an office to and in relation to which Division III.2 (Leadership Code) of the Constitution applies.".
The Principal Act is amended by repealing Section 11 and replacing it with the following:
"11. APPOINTMENT OF THE SOLICITOR-GENERAL.
(1) The Solicitor-General is appointed by the Judicial and Legal Services Commission on the recommendation of the Attorney-General following the appointment process as prescribed.
(2) The Solicitor-General holds office in accordance with the terms and conditions of a contract of employment with the State.
(3) The Solicitor-General is appointed for a term of five years and is eligible for re-appointment.".
The Principal Act is amended by repealing Section 13 and replacing it with the following:
"13. FUNCTIONS OF THE SOLICITOR-GENERAL.
(1) The primary functions of the Solicitor-General are to -
- (a) appear as an advocate for the State before the courts in Papua New Guinea, unless otherwise instructed by the Attorney-General; and
- (b) provide legal representation as advocate in all court-annexed alternative dispute resolution matters for and on behalf of the State; and
- (c) perform any other functions consistent with his advocacy functions.
(2) All officers and employees of the State, its agents or instrumentalities must -
- (a) co-operate with; and
- (b) comply with any instructions issued by,
the Solicitor-General when the Solicitor-General is performing the functions or exercising the powers of his office under this Act or any other law.
(3) A person who fails or refuses to comply with Subsection (2) commits a disciplinary offence under the terms and conditions of his employment.
(4) The Solicitor-General may, in writing, delegate all or any of his powers and functions, except his power of delegation, under this Act or any other law, to a Deputy Solicitor-General.
(5) Any delegation under Subsection (4) is revocable, in writing, at will, and no such delegation affects the exercise of a power or the performance of a function by the Solicitor-General.".
Section 13A of the Principal Act is amended in Subsection (2) by repealing Paragraph (b) and replacing it with the following:
"(b) such number of deputies who are appointed under the Public Services (Management) Act 1995; and".
Section 13D of the Principal Act is amended by repealing Subsection (1) and replacing it with the following:
"(1) The State Solicitor is appointed by the Judicial and Legal Services Commission on the recommendation of the Attorney-General, following the appointment process as prescribed, and holds office in accordance with the terms and conditions of a contract of employment with the State.".
The Principal Act is amended by inserting immediately after Section 17, the following new section:
"17A. TRANSITIONAL PROVISION.
The incumbent Solicitor-General is deemed to hold Office for a period of five years and is eligible for re-appointment on the coming into operation of this Act.".
Section 18 of the Principal Act is amended in the penalty provision by deleting "K100.00" and replacing it with "K500,000.00".
I hereby certify that the above is a fair print of the Attorney-General (Amendment) Act 2022, which has been made by the National Parliament.
Clerk of the National Parliament
4 MAR 2022
I hereby certify that the Attorney-General (Amendment) Act 2022, was made by the National Parliament on 20 January 2022.
Speaker of the National Parliament
4 MAR 2022
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URL: http://www.paclii.org/pg/legis/num_act/aa2022266
