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CLRC Concludes Consultation on Review of Provincial Health Authority Act 2007 in East Sepik

The Constitutional and Law Reform Commission (CLRC) has concluded consultations in East Sepik Province under Terms of Reference No. 28 (TOR 28), which calls for a review of the Provincial Health Authorities Act 2007.

The review examines the legal and administrative framework governing the delivery and accessibility of health services across Papua New Guinea, including health facility conditions, medical supplies, staffing, funding, governance, accountability and coordination between national, provincial and district-level institutions.

During the consultation, the CLRC team met with the East Sepik Provincial Administration, East Sepik Provincial Health Authority (PHA) and the District Administrator to gather their views on the issues affecting the implementation and effectiveness of the PHA system.

Discussions with the Provincial Administration took place on the first day, followed by consultations with the PHA team on the second day. The discussion on the authority’s performance and operational challenges was led by East Sepik PHA Chief Executive Officer, Mr. Mathew Kaluvia.

East Sepik Provincial Health Authority CEO Mr. Mathew Kaluvia speaking during the consultation on TOR 28 in the province

CLRC values the practical experiences and firsthand accounts of stakeholders, which are essential in identifying legislative and administrative gaps and developing appropriate law reform proposals to strengthen the effectiveness of provincial health authorities.

In addition to the 12 key issues identified in the TOR 28 Issues Paper, stakeholders raised further concerns, including outdated statistical data relating to PHAs, the need for penalties for non-compliance with reporting requirements, and political interference in the operations of provincial health authorities.

CLRC emphasised that the Issues Paper does not represent the Commission’s final position on reforming the PHA system. Rather, it identifies key concerns within the existing legal and administrative framework and provides a basis for further discussion, stakeholder engagement and public input.

The review extends beyond the Provincial Health Authorities Act 2007 to consider other relevant legislation, including the Provincial Health Administration Act 2007, National Health Administration Act 1997, Public Hospitals Act 1994, Medical Registration Act 1980 and Public Finances (Management) Act 1995, among other related laws.

During a courtesy call by the CLRC team, Acting Provincial Administrator, Mr. Alphonse Kami, welcomed the review as an important and timely initiative, particularly in light of the establishment of the PHA in East Sepik Province in 2018 and its transition from the provincial administration. He called for the collective participation of relevant authorities in the province to ensure the review captures the key challenges and opportunities for improving health service delivery.

To date, CLRC has conducted TOR 28 consultations in Eastern Highlands, Morobe, Western, New Ireland, East Sepik and Western Highlands provinces. Further consultations are to be carried out in Manus and the National Capital District.

As Papua New Guinea’s independent, mandated law reform agency, CLRC is undertaking the review to identify opportunities for strengthening governance, clarifying institutional responsibilities, improving coordination and enhancing accountability within the provincial health system. The findings and stakeholder input gathered through the consultation process will contribute to the Commission’s ongoing review of the legal framework and inform proposals for reform aimed at improving the delivery and accessibility of health services through the PHA Act in the

East Sepik Provincial Administration Team and the CLRC Team after the consultation session on TOR 28.

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