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Pacific Institute of Leadership and Governance (Amendment) Act 2023

PAPUA NEW GUINEA

Pacific Institute of Leadership and Governance (Amendment) Act 2023

No. 4 of 2023
Certified on: 9 MAY 2023

ARRANGEMENT OF SECTIONS.

1. Reference to Pacific Institute of Leadership and Governance.
2. Interpretation (Amendment of Section 2).
3. Establishment of the Institute (Amendment of Section 5).
4 Membership of the Board (Amendment of Section 11).
5. Chairperson and Deputy Chairperson (Repeal and replacement of Section 12).
6. Leave of absence (Amendment of Section 15).
7. Staff of the Institute (Amendment of Section 23).
8. New Part VA.

"PART VA. - ESTABLISHMENT OF ACADEMIC COMMITTEE, COMPOSITION, ETC.
26A. ESTABLISHMENT OF THE ACADEMIC COMMITTEE.
26B. COMPOSITION OF THE ACADEMIC COMMITTEE.
26C. FUNCTIONS OF THE ACADEMIC COMMITTEE.
26D. POWERS OF THE ACADEMIC COMMITTEE.
26E. MEETINGS OF THE ACADEMIC COMMITTEE.".

9. Repeal of Section 34.
10. Repeal of Section 35.
11. Transitional provisions of the staff (Repeal and replacement of Section 36).

"36. SAVING OF PUBLIC SERVICE ENTITLEMENTS.".

AN ACT

entitled

Pacific Institute of Leadership and Governance (Amendment) Act 2023,

Being an Act to amend the Pacific Institute of Leadership and Governance Act 2017,

MADE by the National Parliament to come into operation in accordance with a notice published in the National Gazette by the Head of State, acting with and in accordance with the advice of the Minister.

1. REFERENCE TO PACIFIC INSTITUTE OF LEADERSHIP AND GOVERNANCE.

(1) The Principal Act is amended by repealing the words "Pacific Institute of Leadership and Governance" wherever appearing and replacing them with the following:

"Somare Institute of Leadership and Governance".

(2) Any reference to the words "Pacific Institute of Leadership and Governance" in any other law shall be read as follows:

"Somare Institute of Leadership and Governance".

2. INTERPRETATION (AMENDMENT OF SECTION 2).

Section 2 of the Principal Act is amended -

(a) by inserting immediately before the definition of "Act" the following new definition:

• "Academic Committee" means the Academic Committee established under Section 26A;"; and

(b) by repealing ", and includes the Interim Chief Executive Officer" in the definition of "Chief Executive Officer"; and
(c) by repealing the definition of "Executive Management Committee"; and
(d) by repealing the definition of "Interim Chief Executive Officer".

3. ESTABLISHMENT OF THE INSTITUTE (AMENDMENT OF SECTION 5).

Section 5 of the Principal Act is amended in Subsection (4) by repealing the year "2014", and replacing it with the following:

"1995".

4. MEMBERSHIP OF THE BOARD (AMENDMENT OF SECTION 11).

Section 11 of the Principal Act is amended in -

(a) Subsection (1) by repealing Paragraph (a); and

. . .

(b) Subsection (2) by repealing "Paragraphs (a) " and replacing them with the following:

"Subsection (1)".

5. CHAIRPERSON AND DEPUTY CHAIRPERSON (REPEAL AND REPLACEMENT OF SECTION 12).

Section 12 of the Principal Act is repealed and replaced with the following new section:

"12. CHAIRPERSON AND DEPUTY CHAIRPERSON.
(1) The Departmental Head of the Department of Personnel Management, matters, ex-officio, shall be the Chairperson of the Board.
(2) The Deputy Chairperson –

• (a) shall be an ex-officio member of the Board; and
• (b) may be a person referred in Section 11(1)(e) or (f),

elected by members of the Board.''.

6. LEAVE OF ABSENCE (AMENDMENT OF SECTION 15).

Section 15 of the Principal Act is amended by repealing Subsection (2).

7. STAFF OF THE INSTITUTE (AMENDMENT OF SECTION 23).

Section 23 of the Principal Act is amended by repealing Subsection (1).

8. NEW PART VA.

The Principal Act is amended by inserting immediately after Part V, the following new part:

"PART VA. -ESTABLISHMENTOF ACADEMICCOMMITTEE, COMPOSITION, ETC.
26A. ESTABLISHMENT OF THEACADEMIC COMMITTEE.
The Academic Committee is hereby established.
26B. COMPOSITION OF THE ACADEMIC COMMITTEE.
(1) The Academic Committee shall consist of the following members:

• (a) the Chief Executive Officer who shall be the Chairperson; and
• (b) the Director of the Workforce Training and Development; and
• (c) the Heads of the Academic Department of the Institute; and
• (d) the Librarian of the Institute; and
• (e) the Professors of the Institute; and
• (f) the Course coordinators or any equivalent position.

(2) The Director of the Workforce Training and Development shall be the Deputy Chairperson, or any other member appointed by the Chairperson to be the Deputy Chairperson.
26C. FUNCTIONS OF THE ACADEMIC COMMITTEE.
(1) The functions of the Academic Committee are -

• (a) to exercise governance over academic progress and the general regulations of the Institute; and
• (b) to be responsible for the maintenance of standards of -
  • (i) admissions of course participants; and
  • (ii) training instructions; and
  • (iii) education; and.
  • (iv) research and examination; and
• (c) to decide on matters relating to the award or conferment of -
  • (i) Certificates; and
  • (ii) Diploma Certificates; and
  • (iii) Degrees Certificates; and
  • (iv) other academic distinctions; and
• (d) to exercise such other functions as are provided for under this Act or under the administrative orders of the Institute.

26D. POWERS OF THE ACADEMIC COMMITTEE.
The Academic Committee has the powers to do all things that are necessary or convenient to be done in connection with the performance of its functions.
26E. MEETINGS OF THE ACADEMIC COMMITTEE.
(1) The Board shall meet as often as the business of the Institute requires, but not less frequently than once every quarter of the year.
(2) At a meeting of the Academic Committee -

• (a) half of the total number of members constitutes a quorum; and
• (b) the Chairperson, or in his absence, the Deputy Chairperson shall preside, or if both the Chairperson and the Deputy Chairperson are absent the members present shall appoint from among their own number, a Chairperson of that meeting; and
• (c) matters arising shall be decided by a majority vote, of the members present and voting; and
• (d) in the event of an equality of votes, the member presiding has a casting vote.

(3) The Academic Committee shall ensure minutes of its meetings are recorded and kept.
(4) Subject to this Act, the procedures of the meetings of the Academic Committee are determined by the Academic Committee.".

9. REPEAL OF SECTION 34.

Section 34 of the Principal Act is repealed.

10. REPEAL OF SECTION 35.

Section 35 of the Principal Act is repealed.

11. TRANSITIONAL PROVISIONS FOR THE STAFF (REPEAL AND REPLACEMENT OF SECTION 36).

Section 36 of the Principal Act is repealed and replaced with the following:

"36. SAVING OF PUBLIC SERVICE ENTITLEMENTS.
(1) All continuous service of employees with the PILAG shall be deemed to be continuous service with the PILAG and all entitlements accrued with the PILAG on the basis of that service shall be deemed to be entitlements accrued in the PILAG.
(2) Employees of the PILAG shall -

• (a) continue to contribute to the Nambawan Super Fund or any superannuation fund; and
• (b) retain their superannuation rights; and
• (c) not be entitled to have their contributions or the State's contributions paid out,

unless their services are terminated from the PILAG.".

I hereby certify that the above is a fair print of the Pacific Institute of Leadership and Governance (Amendment) Act 2023, which has been made by the National Parliament.

Acting Clerk of the National Parliament
29 MAY 2023

I hereby certify that the Pacific Institute of Leadership and Governance (Amendment) Act 2023, was made by the National Parliament on 17 March 2023.

Speaker of the National Parliament.
29 MAY 2023