Papua and New Guinea Act (No. 2) 1968

Legislation au C1968A00157 Not in force Act

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Papua and New Guinea (No. 2)

No. 157 of 1968

An Act relating to Employment in the Public Service of the Territories of Papua and New Guinea and for purposes connected therewith.

[Assented to 10 December 1968]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Papua and New Guinea Act (No. 2) 1968.

(2.) The Papua and New Guinea Act 1949–1966, as amended by the Papua and New Guinea Act 1968, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Papua and New Guinea Act 1968 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Papua and New Guinea Act 1949–1968.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 5 of the Principal Act is amended by omitting from sub-section (1.) the definition of “‘officer’ or ‘officer of the Territory’” and inserting in its stead the following definition:—

“‘officer’ or ‘officer of the Territory’ means a person appointed to, or employed in, the Public Service under sub-section (2.) of section thirty of this Act and includes a person continued in the Public Service by paragraph (a) or paragraph (b) of sub-section (2.) of section four of the Papua and New Guinea Act (No. 2) 1968;”.

4.—(1.) Section 30 of the Principal Act is repealed and the following sections are inserted in its stead:—

The Public Service.

“30.—(1.) There shall be a Public Service of the Territory, consisting of officers appointed, and other persons employed, in pursuance of this section and persons employed in pursuance of Ordinances providing for employment in the Public Service.


“(2.) For the purposes of this Act and the proper government of the Territory, the Minister may—

(a) appoint persons to the Public Service as officers; and

(b) make contracts with other persons for their employment in the Public Service.

“(3.) The Minister may, either generally or otherwise as provided in the instrument of delegation, by writing under his hand, delegate all or any of his powers under the last preceding sub-section.

“(4.) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.

“(5.) A delegation under sub-section (3.) of this section is revocable at will and does not prevent the exercise of a power by the Minister.

“(6.) Provision may be made by Ordinance for or in relation to the employment in the Public Service on a temporary basis of persons otherwise than in accordance with sub-section (2.) of this section.

“(7.) Subject to this Act and, in the case of a person who is employed in accordance with a contract for his employment, to the terms and conditions of that contract, the terms and conditions of appointment to, and of employment and service in, the Public Service shall be as provided by or under Ordinance.

Guarantee by Commonwealth of payments under Ordinances.

“30a.—(1.) This section applies to—

(a) the Ordinances that are specified in the Tenth Schedule to this Act; and

(b) any Ordinance amending, or otherwise affecting the operation of, an Ordinance to which this section applies (including an Ordinance to which this section applies by virtue of this paragraph).

“(2.) If an amount payable to a person under an Ordinance to which this section applies is not duly paid, an amount equal to that amount is payable to that person by the Commonwealth out of the Consolidated Revenue Fund, which is appropriated accordingly.

“(3.) In an Ordinance to which this section applies, a reference to an amount of money shall be read as a reference to that amount in the currency of Australia.

“(4.) An amount payable to a person under an Ordinance to which this section applies or under sub-section (2.) of this section shall be paid, at the option of the person, in the Territory or in Australia.”.

(2.) Notwithstanding the last preceding sub-section—

(a) a person who, immediately before the commencement of this Act, was an officer in the Public Service of the Territory continues as such an officer as if he had been appointed under paragraph (a) of sub-section (2.) of section 30 of the Principal Act as amended by this Act;

(b) a person who, immediately before the commencement of this Act, was employed in the Public Service of the Territory in accordance with a contract continues to be so employed as if he had been employed in accordance with that contract in pursuance of paragraph (b) of sub-section (2.) of section 30 of that Act as so amended; and

(c) a person who, immediately before the commencement of this Act, was employed in the Public Service of the Territory on a temporary basis continues to be so employed.

(3.) Subject to any Ordinance made under the Principal Act as amended by this Act, any Ordinance relating to employment in the Public Service and in force immediately before the commencement of this Act—

(a) continues in force, except to the extent (if any) to which it is inconsistent with the Principal Act as amended by this Act; and

(b) as so continued in force continues to apply to persons referred to in the last preceding sub-section as it applied to those persons immediately before the commencement of this Act.

Tenth Schedule.

5. The Principal Act is amended by adding at the end thereof the following Schedule:—

TENTH SCHEDULE Section 30a.

Public Officers (Employment Security) Ordinance 1967

Public Officers (Employment Security) Ordinance (No. 2) 1967

Retirement Benefits (Contract Officers) Ordinance 1966

Retirement Benefits (Contract Officers) Ordinance 1967

Superannuation (Papua and New Guinea) Ordinance 1951

Superannuation (Papua and New Guinea) Ordinance (No. 2) 1951

Superannuation (Papua and New Guinea) Ordinance 1952

Superannuation (Papua and New Guinea) Ordinance 1955

Superannuation (Papua and New Guinea) Ordinance 1956

Superannuation (Papua and New Guinea) Ordinance 1957

Superannuation (Papua and New Guinea) Ordinance (No. 2) 1957

Superannuation (Papua and New Guinea) Ordinance Amendment Ordinance 1957

Superannuation (Papua and New Guinea) Ordinance (No. 3) 1957

Superannuation (Papua and New Guinea) Ordinance 1958

Superannuation (Papua and New Guinea) Ordinance 1959

Superannuation (Papua and New Guinea) Ordinance 1960

Superannuation (Papua and New Guinea) Ordinance (No. 2) 1960

Superannuation (Papua and New Guinea) Ordinance 1962

Superannuation (Papua and New Guinea) Ordinance (No. 2) 1962

Superannuation (Papua and New Guinea) Ordinance 1963

Superannuation (Papua and New Guinea) Ordinance (No. 2) 1963

Superannuation (Papua and New Guinea) Ordinance (No. 3) 1963

Superannuation (Papua and New Guinea) Ordinance (No. 4) 1963

Superannuation (Papua and New Guinea) Ordinance 1964

Superannuation (Papua and New Guinea) Ordinance 1965

Superannuation (Papua and New Guinea) Ordinance 1966

Superannuation (Papua and New Guinea) Ordinance 1967

Superannuation (Papua and New Guinea) Ordinance (No. 2) 1967

Superannuation (Papua and New Guinea) Ordinance (No. 3) 1967

Superannuation (Pensions Increases) Ordinance 1967

Overview

The Papua and New Guinea Act (No. 2) 1968 was enacted to address the need for a structured and legally sound framework for employment within the public service of the Territories of Papua and New Guinea. This Act, passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, amends the Papua and New Guinea Act 1949–1966 to redefine and regulate the employment terms and conditions within the public service, ensuring that it aligns with the administrative needs of the territories. The Act establishes a comprehensive system for the appointment and employment of officers, including provisions for delegation and the continuation of existing employment arrangements, while also guaranteeing payments under specified ordinances. This legislative effort aims to provide clarity and stability to the public service structure, ensuring effective governance and continuity of service in the territories.

Scope and Application

The Papua and New Guinea Act (No. 2) 1968 pertains to the establishment and administration of the Public Service in the Territories of Papua and New Guinea. This Act applies to individuals who are appointed or employed in the Public Service, including those who were previously employed under the repealed Papua and New Guinea Act 1949–1966. The Act also extends to cover those who continue in their positions under specific provisions of the 1968 Act, as well as those employed temporarily under Ordinances. The geographic reach of this Act is limited to the Territories of Papua and New Guinea, and it provides a framework for the establishment of the Public Service and the terms and conditions of employment therein. Notably, the Act guarantees payments under certain specified Ordinances, ensuring that if amounts due under these Ordinances are not paid, the Commonwealth will compensate the affected individuals from the Consolidated Revenue Fund. This provision is specifically aimed at safeguarding employment-related entitlements within the territories. The Act allows the Minister to appoint officers and make employment contracts, and it includes provisions for delegation of these powers, which are revocable at will. Certain existing Ordinances relating to employment in the Public Service continue to apply, except where they conflict with the provisions of this Act. The Act does not specify any exclusions or exemptions, nor does it set particular thresholds for its application. Instead, it establishes a comprehensive legal framework for the employment conditions within the Public Service of Papua and New Guinea. The application of this Act may be further defined or extended through subordinate instruments, such as regulations or ordinances, which would be made under the authority of the Act.

Key Provisions

The Papua and New Guinea Act (No. 2) 1968 sets out the framework for the Public Service in the Territories of Papua and New Guinea, amending the existing Papua and New Guinea Act 1949–1966. The Act establishes the Public Service, consisting of officers appointed and other persons employed in accordance with the Act (section 30(1)). The Minister is empowered to appoint officers to the Public Service and to enter into contracts for the employment of other persons (section 30(2)). The Minister may delegate these powers in writing, which may be revoked at any time without affecting the Minister's ability to exercise these powers (sections 30(3)-(5)). Additionally, the Act allows for the employment of individuals on a temporary basis, subject to any applicable Ordinances (section 30(6)). It also ensures that any existing officers and employees in the Public Service continue in their roles under the new Act (section 4(2)). The Act imposes certain obligations on the Minister and other relevant parties. The Minister must ensure that officers and other employees of the Public Service are appointed and employed in accordance with the provisions of the Act and any relevant Ordinances (section 30). The Commonwealth guarantees payments under certain specified Ordinances, ensuring that if an amount payable to a person under such an Ordinance is not duly paid, the Commonwealth will pay an equivalent amount from the Consolidated Revenue Fund (section 30a). This guarantee applies to specific Ordinances listed in the Tenth Schedule, including those relating to employment security, retirement benefits, and superannuation (section 5). The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given the nature of the legislation, breaches could potentially lead to legal actions or penalties under other applicable laws. For instance, failure to pay amounts due under the specified Ordinances could result in legal action by the affected individuals, with potential civil consequences. Furthermore, the Minister's failure to properly manage the Public Service or to comply with the delegation and revocation provisions could lead to administrative or disciplinary actions.

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Public Service Law
Instrument
Act
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Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.