POWERS OF THE COMMISSION

For the effective performance of its law reform functions, the Commission has the following powers under Section 11 of the CLRC Act 2004:

  • consult with any organization both government and non-government Government, in the opinion of the Commission, would be affected by any proposed change in a law.

  • ordinary members of the public.

  • provide advice and information to any government department or governmental institution, authority, organization, instrumentality or body concerned with proposals for the reform or amendment of a law.

  • consider any proposal for the reform of a law that is referred to it.

  • hold seminars and conferences on appropriate legal issues.

  • undertake research and study programs in order to provide itself with material on which to base its recommendations on law reform matters, particularly in the field of customary law.

  • use any information, advice or assistance available to it from any source whether within or outside the Government.

  • obtain information on the laws and legal systems of other countries as a means of providing ideas for the reform and development of the laws of Papua New Guinea.

Additional powers of the Commission include:

  • institute Supreme Court References challenging any law or proposed law under Section 19 of the Constitution; and,

  • exercise the power of a Commission of Inquiry in summoning and prosecuting people who defy the Commission during its inquiries as per the Commission of Inquiry Act.