FUNCTIONS OF THE COMMISSION

Section 12 of the CLRC Act 2004 provides the following law reforms:

  • review of Constitutional Law;

  • review of all the laws of Papua New Guinea;

  • make recommendations in relation to the making of laws;

  • make recommendations for the consolidation or repeal of laws;

  • make recommendations for the development of new approaches to the changing needs of society;

  • liaise with National Government in implementing its recommendations to Parliament, and;

  • monitor the development of the Underlying Law of Papua New Guinea in accordance Schedule 2 of the Constitution and the Underlying Law Act

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.