“Lead and promote good Governance and Leadership.”

Independent State of Papua New Guinea

“Lead and promote good Governance and Leadership.”

To this end the Constitution clearly states the purposes of establishing the Ombudsman Commission: to help in the elimination of unfair or otherwise defective legislation and practice affecting or administered by governmental bodies; and to supervise the enforcement of the Leadership Code; and to help in the improvement of the work of governmental bodies and the elimination of unfairness and discrimination by them; and to ensure that all governmental bodies are responsive to the needs and aspirations of the people; and To work with the Law and Justice Sector (LJS) in ensuring that there is improved accountability and reduced corruption This constitutional mandate provides the Ombudsman Commission with its mission.

[Ombudsman Commission Strategic Plan 2006 – 2010]

Date: 10 October, 2011 His Excellency Sir Michael Ogio, CMG CBE The Governor-General Government House KONEDOBU National Capital District Your Excellency, Section 220 of the Constitution* requires the Ombudsman Commission to furnish to the Head of State, for presen-tation to Parliament, an Annual Report on its functions and workings as well as other such reports as necessary from time to time. The Commission hereby submits to you its 2009 Annual Report. It covers the period 1 January 2009 to 31 Decem-ber 2009 and includes the Commission’s 2009 Audited Financial Report.

* Section 220 of the Constitution states:

(1) The Ombudsman Commission shall, at least once in each period of 12 months, at such time as is fixed by or under an Act of the Parliament or, subject to any such Act, by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, give to the Head of State, for presentation to the Parliament, a report on the functions and workings of the Commission, with such recommendations as to improvement as the Com-mission thinks proper.

(2) Nothing in Subsection (1) prevents the Commission from making, on its own initiative or at the request of the Parliament or of the National Executive, other reports on any aspect of the functions and workings of the Commission.

TELEPHONE: (675) 308 2600 FACSIMILE : (675) 320 3263 EMAIL: [email protected]

PO Box 1831 PORT MORESBY 121 NCD Papua New Guinea

Ombudsman Commission of

Papua New Guinea

ANNUAL REPORT 2009

For the period 1 January 2009 to 31 December 2009

ADHRU Anti Discrimination and Human Rights Unit AIDS Acquired Immune Deficiency Syndrome AMS Asset Management System BAC Bachelor of Commerce CAID Complaints and Administrative Investigations Division CBE Commander of the Order of British Empire CMG Companion of the Order of St. Michael and St. George CEO Chief Executive Officer CMS Case Management System DPM Department of Personnel Management ERP External Relations Program GBLP Governmental Bodies Liaison Program HAMP HIV/AIDS Management and Prevention Act HIV Human Immune-Deficiency Virus HR Human Resource HRM Human Resource Manager IAACA International Association of Anti-Corruption Authorities IAD Internal Affairs Directorate ICHM Internal Complaints Handling Mechanisms ISU Intake and Screening Unit IT Information Technology LLB Bachelor in Law LLG Local-level Government LLM Masters in Law MBA Masters In Business Administration MBE Member of the British Empire MOA Memorandum of Agreement MOC Members of the Commission MP Member of Parliament NCD National Capital District NCDC National Capital District Commission NCM National Coordinating Mechanism NEC National Executive Council NMSA National Maritime Safety Authority OC Ombudsman Commission OCPNG Ombudsman Commission of Papua New Guinea OoC Office of Counsel OL Organic Law OLDRL Organic Law on the Duties and Responsibilities of Leadership OLGRICOH Organic Law on the Guarantee of the Rights and Independence of Constitutional Office-Holders OLOC Organic Law on the Ombudsman Commission PA Provincial Administration PNG Papua New Guinea PNGDF Papua New Guinea Defence Force PPC Provincial Police Commander ROG Redress of Grievances RPNGC Royal Papua New Guinea Constabulary RTBH Right to be Heard UNDP United Nations Development Program USP University of South Pacific WCMS Wasdok Case Management System

LIST OF ABBREVIATIONS

1. MEMBERS OF THE COMMISSION_________________________________________________ 2. YEAR IN REVIEW_______________________________________________________________ 3. THE OMBUDSMAN COMMISSION_________________________________________________

1 2 5

4. MANAGEMENT AND ACCOUNTABILITY____________________________________________ 9 5. MAJOR ACTIVITIES _____________________________________________________________

I. Enforcing the Organic Law on the Ombudsman Commission_________________________

13 14

II. Enforcing the Leadership Code________________________________________________ III. Office of Counsel____________________________________________________________

20 22

IV. Directions Under Section 27 (4) of the Constitution_________________________________ 24 V. Regions and External Relations Program________________________________________ 26

6. AUDITED FINANCIAL REPORT____________________________________________________ 28 7. APPENDICES__________________________________________________________________ 41 Appendix 1 - Ombudsman Commission Structure____________________________________

Appendix 2 - List of Leaders referred to the Public Prosecutor as at 31 December 2009______ 42 43

Appendix 3 - List of Reports produced under OLOC as at December 2009________________ 46 Appendix 4 - List of Governmental Bodies under GBLP up to 2009______________________ 48 Appendix 5 - Former members of the Commission___________________________________ 49 Contact Details_______________________________________________________________ 8. FIGURES

Figure 1 Ombudsman Commission Primary Functions________________________________ Figure 2 Ombudsman Commission Complementary Functions_________________________ Figure 3 Recruitment and staff establishment_______________________________________ Figure 4 Total annual grant_____________________________________________________ Figure 5 Total annual expenditure________________________________________________ Figure 6 Total assets__________________________________________________________ Figure 7 Remedy of complaints investigated________________________________________ Figure 8 Complaints against Government Bodies____________________________________ Figure 9 Complaints against top ten agencies_______________________________________ Figure 10 Complaints by provinces________________________________________________ Figure 11 Summary of Leadership investigations carried out in 2009______________________ Figure 12 Annual Statements sent out and received in 2009_____________________________ Figure 13 Court Matters in 2009___________________________________________________ Figure 14 Statistical overview of Administrative Complaints Handled_______________________

50 6 7 9 12 12 12 16 16 16 17 20 21 23 27

TABLE OF CONTENTS

1. MEMBERS OF THE COMMISSION

Page 1 2009 Annual Report

MEMBERS OF THE OMBUDSMAN COMMISSION (MOC) The Ombudsman Commission is headed by a Chief Ombudsman and two Ombudsmen. The members of the Commission for this reporting period are Chief Ombudsman Chronox Manek, Ombudsman John Nero and Ombudsman Phoebe Sangetari.

Chief Ombudsman Chronox Manek, LLB LLM OL

Chief Ombudsman Chronox Manek is from Wambangan village, Boana District, in the Morobe Province. Mr Manek holds a Bachelor of Laws Degree from the University of Papua New Guinea and Masters of Laws Degree from the University of Melbourne, Australia. Mr Manek was appointed Public Solicitor of PNG in 1999 and Public Prosecutor of PNG in 2001 prior to joining the Ombudsman Commission on July 3, 2008. During the course of his ca-reer, Mr Manek has been appointed to a number of key organizations both in the country and abroad, notably, Co-Chairman of the International Association of Prosecutors World Confer-ence in Copenhagen, Denmark, Director of Asia Crime Prevention and Foundation, Director on the International Ombudsman Institute, Vice-Chairman of the Pacific Ombudsman Alli-ance and more recently elected as an Executive Committee Member of the International As-sociation of Anti –Corruption Authorities (IAACA) to name a few.

Ombudsman John Nero, BAC MBA

Ombudsman John Nero comes from Kasena village in the Eastern Highlands Province. Mr Nero holds a Bachelor in Commerce (BAC) Degree from the University of Papua New Guinea. He joined the Finance and Planning Department as a Finance Inspector for four and a half years before joining the Ombudsman Commission as a Senior Investigator and later Deputy Director (Leadership) in April 2002 until his acting appointment as Ombudsman in February 2005.Ombudsman Nero holds a Masters in Business Administration, (MBA) from the Queensland University in Brisbane, Australia, having graduated in 1999 and is an active member of the Certified Practising Accountants of Papua New Guinea.

Ombudsman Phoebe Sangetari comes from Samba Village in Sohe District, Oro Province. Ms Sangetari was appointed as Ombudsman on 15 November 2007. She holds a Bachelor of Laws Degree from the University of Papua New Guinea and a Masters of Laws Degree from the Australia National University (ANU) in Australia. Prior to her appointment as an Ombudsman, Ms Sangetari served as Senior Legal Officer with the Ombudsman Commission of Papua New Guinea, Legal Officer with the Department of Environment & Conservation, Deputy Registrar with the Department of Mining, Assistant Secretary – Legal & Contracts with Department of Personnel Management, Director Senior Executive Services with Department of Personnel Management, and Deputy State Solicitor (International Law) with Department of Justice & Attorney General. Ombudsman Sangetari is the second Women Ombudsman after Ms Jean Kekedo, in the his-tory of the Ombudsman Commission of Papua New Guinea.

Ombudsman Phoebe Sangetari, LLB LLM

Members of the Commission

Members of the Commission The Ombudsman Commission of Papua New Guinea is headed by three Members. The Members of the Commission are constitu-tionally appointed under Section 217 of the Constitution and Section 5 (1) of the Organic Law on the Ombudsman Commission, by the Ombudsman Appointment Committee. During 2009, the Chief Ombudsman was Mr. Chronox Manek LLB LLM OL. Chief Ombudsman Manek is the fifth Chief Ombudsman of OCPNG. He comes from Morobe Province and was in his second year of office during the reporting year. The other two Members of the Commission, during the reporting year, were Mr. John Nero BAC MBA and Ms Phoebe Sangetari LLB LLM. Ombudsman Nero hails from Eastern Highlands Province and was in his fifth year in office during the reporting year. Ombudsman Sangetari hails from Oro Province and was in her second year in office during the reporting year. Leadership complaints and referrals During the reporting year the Commission received 176 Leadership complaints. Sixty six (66) of these were declined, mainly due to being matters outside the jurisdiction of the Commission. Fifty four (54) complaints, for various reasons, required no further action. Twelve new investigations into alleged breaches of the Leadership Code were commenced during the reporting year. Two leaders were referred to the Public Prosecutor for prosecution before the Leadership Tribunal. The Honourable Patrick Pruaitch, Member for Aitape/Lumi, Member West Sepik Provincial Assembly, and Minister for Finance and Treasury was referred in June 2009. Mr Richard Sikani, Commissioner of Correctional Services was referred in November 2009. Both matters were carried over by the Public Prosecutor to 2010. Administrative complaints A total of 1097 new complaints about government bodies were received in 2009. Of these, 827 complaints were declined. The main reasons for declining were again, due to being out of the Commission’s jurisdiction or alternatively, there being another remedy avail-able for dealing with the complaint. Two hundred and seventy (270) new complaint case files were opened during the reporting year. The agencies most complained about in 2009 were the Royal Papua New Guinea Constabulary (73 complaints), the Department of Education (18 complaints), and the Department of Correctional Services (16 complaints), followed closely by the Department of Health (14 complaints). Investigation Reports During the year the Commission published three Investigation Reports under OLOC for tabling in Parliament. The Report on the In-vestigation into the Julian Ronald Moti Affair was debated in Parliament and generated public discussion, particularly raising con-cerns about the way State institutions were used to undermine our own laws. The Report on the Investigation into the Appointment and Conduct of Hamish Sharp in the National Maritime Safety Authority (NMSA) Board made several findings of wrong conduct and defective administrative practices, particularly in relation to the appoint-ment of Mr Sharp to the Board. The Report on the Investigation into the Alleged Unlawful Entry and Abuse of Human Rights by Police, Three Mile Guest House, Port Moresby, NCD highlighted irregularities and non-compliance of entry, search, arrest and bail procedures. It also highlighted human rights abuses and gender discrimination based on misinterpretation of law regarding people living on the earnings of prostitu-tion. Police Oversight Project During 2009, the Commission worked with the Royal Papua New Guinea Constabulary in accordance with a Memorandum of Agree-ment (established in 2007), in oversighting high profile case investigations conducted by the Constabulary’s Internal Affairs Director-ate (IAD). In 2009, the Commission’s support of the IAD contributed to several senior officers of the Constabulary being investigated. Eighteen (18) disciplinary charges were laid, out of which four (4) officers were dismissed, one (1) was charged administratively and criminally and voluntarily retired, two (2) were demoted and eleven (11) serious disciplinary offence charges were carried forward into 2010. Commission officers also worked with the Constabulary’s Internal Affairs Directorate in drafting a Discussion Paper on a proposed Police Integrity Act.

2. YEAR IN REVIEW

2009 Annual Report Page 2

Year in Review

Maladina Amendments The 2009 reporting year saw a challenge by the Honorable Moses Maladina MP, in his private member’s Bill to amend the Constitu-tion and the Organic Law on the Duties and Responsibilities of Leadership (OLDRL). Many of the proposed amendments were per-ceived by the Commission as hampering its ability to enforce the Leadership Code and make it harder to hold leaders to account for their misconduct. The Commission believes the effect of the amendments would be to create preferential treatment for leaders, es-pecially in relation to criminal offences. The amendments would also result in an inappropriate shift in responsibility for the manage-ment of the Public Service from relevant Ministers to the Ombudsman Commission, and confuse the role of the Ombudsman Com-mission with that of the Leadership Tribunal. The Commission was also concerned that not all of the Constitutional requirements to amend Constitutional laws have been met. The Commission however, welcomed the opportunity to discuss reforms and called on Parliament to delay further debate on the Bills until there has been adequate public discussion and consultation with stakeholders. Despite several calls for consultation, as at the end of 2009, the Commission had received no response from Honorable Maladina or the Parliament. Law and Justice Sector participation The Commission continued to contribute to the Law & Justice Sector Program during the reporting year. The Chief Ombudsman represented the Commission on the National Coordinating Mechanism (NCM), Secretary on the Sector Working Group (LJSWG), and several Line Managers in the Sector Activity Management Teams (AMTs). The Commission was also a significant contributor to the annual sector Governance Forum, Performance Management and Monitoring in the Delivery of Law and Justice Services, con-ducted in October 2009. Five (5) Projects were implemented with Sector Development Budget funding, complementing the Commission’s core functions, to meet its Vision and achieve its strategic priorities. These projects were: the Ombudsman Commission Twinning Arrangement (with the Commonwealth Ombudsman of Australia); Local Level Government Leaders Training Program; the Police Oversight Project; the PNG Defence Force Redress of Grievance (ROG) Project; and Internal Complaints Handling Mechanisms (ICHM) Project. Education, Awareness and Liaison Programs Our Local Level Government Leaders Program was expanded in 2009 and cartoon posters successfully used to illustrate various sections of the OLDRL and Section 27 of the Constitution. These pictorial forms assisted Councillors to express how they under-stood and interpret the law. Also, the effectiveness of the program in three Provinces, New Ireland, Oro and Western Province was evaluated. These evaluations have provided the Commission with insights into how the program can be improved in the future in educating both Local Level Government Leaders about their duties and responsibilities, and citizens about the conduct they should expect from their leaders. Public education and awareness programs were conducted in partnership with various Provincial administrations, academic institu-tions and non-government organisations. These programs, aimed at educating citizens about the role and functions of the Commis-sion and their right to complain, were conducted in both NCDC and in regional locations, including Madang, Mendi, Enga, Jimi, Abau, Misima and Popondetta. Through our Government Bodies Liaison Program (GBLP) and Internal Complaints Handling Mechanisms (ICHM) project, the Com-mission provided advice in 2009 to a number of government bodies about how they might improve their own internal complaints han-dling mechanisms. Several agencies were quite responsive. In particular, the Papua New Guinea Defence Force revised their Re-dress of Grievance (ROG) process and dedicated complaints liaison officer positions were established in both the Department of Health and Madang Provincial Administration. Service Delivery highlights In 2009 the Commission focused on a range of strategies to improve our service delivery to the people of Papua New Guinea. A Service Delivery Survey, commenced in 2008, was conducted in further six Provinces, namely, Madang, West New Britain, Manus, Sandaun, Milne Bay and Central. The findings from this survey have provided the Commission with very useful information which will assist us to better target our public education and awareness programs. In commencing rollout of a new electronic complaints management system, the Wasdok Case Management System (WCMS), the reporting year saw a major achievement in terms of improving the Commission’s service delivery capacity. As at the end of 2009 the WCMS is fully functional and the Commission anticipates rolling out the system to the Regional Offices in 2010. Implementation of the WCMS, with one point of data entry in the system, has resulted in improved data integrity and enhanced performance reporting. The new system has also enabled improved compliance with standardized work practices, which are embedded in the electronic system.


Year in Review

The new WCMS has significantly enhanced our complaints intake and investigation processes, particularly resulting in a reduction of turn around time for resolution of complaints.

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Year in Review

The Ombudsman Commission The Ombudsman Commission was established to guard against the abuse of power by those in the public sector; assist those exercis-ing public power to do their jobs efficiently and fairly; impose accountability on those who are exercising public power; and guard against discriminatory practices by any person. The Commission was established to ensure that all governmental bodies are responsive to the needs and aspirations of the people; to help in the improvement of the work of governmental bodies and the elimination of unfairness and discrimination by them; to help in the elimination of unfair or otherwise defective legislation and practices affecting or administered by governmental bodies; and to supervise the enforcement of Division III.2 (Leadership Code). The Constitution and the two Organic Laws The investigative powers of the Ombudsman Commission are exercised under the Constitution and two Organic Laws; the Organic Law on the Ombudsman Commission, and the Organic Law on the Duties and Responsibilities of Leadership. Section 11 of the Constitution states that the Constitution and the Organic Laws are the Supreme Laws of Papua New Guinea. Organic Laws therefore have a higher status than Acts of Parliament. If there is any inconsistency between the provisions of an Act and those of an Organic Law, the latter will prevail. Likewise if there is any inconsistency between the Constitution and an Organic Law, the Constitu-tion will prevail. The fact that two Organic Laws have been specifically enacted to provide for Ombudsman Commission investigations reflects the very high status of such investigations. It also has significant practical consequences. If compliance with a direction issued or summons by the Commission under one of its Organic Laws would involve the breach of an Act of Parliament, the Commission’s direction will have prece-dence. For example, if the Commission issues a summons for the Internal Revenue Commission to produce certain documents, the se-crecy provisions of the Income Tax Act and the Customs Act have to “give way” to the summons. The appointment of Members of the Commission The Chief Ombudsman and the two Ombudsmen are appointed by the Governor-General, acting on the advice of the Ombudsman Appointments Committee (Constitution, Section 217(2)). This Committee consists of: • the Prime Minister as Chairman; • the Chief Justice; • the Leader of the Opposition; • the Chairman of the Public Services Commission and; • the Chairman of the Permanent Parliamentary Committee on Appointments.


The Ombudsman Commission

3. THE OMBUDSMAN COMMISSION

Members of the Commission (MOC) The Ombudsman Commission comprises of the Chief Ombudsman and two Ombudsmen who are required to provide effective leadership and direction to Commission in its daily Administrative and Constitutional duties. Accountability Section 220 of the Constitution also imposes administrative duty on the Commission to report to Parliament on the operation of the Commission every twelve (12) months. The Ombudsmen are also subjected to the Leadership Code. Primary Functions The Commission has three primary functions and, in addition, a number of complementary functions.



FUNCTION SOURCE OF POWER Investigation of alleged wrong conduct Constitution, Sections 219(1)(a) & and defective administration by 219(1)(b); Organic Law on the governmental bodies. Ombudsman Commission Investigation of alleged discriminatory Constitution, Section 219(1)(c);Organic practices, by any person or body. Law on the Ombudsman Commission;

Discriminatory Practices Act. Investigation of alleged or suspected Constitution Section 219(1)(d); Organic, misconduct in office under the Law on the Duties and Responsibilities Leadership Code. of Leadership.

Figure 1: Ombudsman Commission Primary Functions

Complementary Functions In addition to its primary functions, the Commission has a number of complementary functions.

THE SERVICE OF THE COMMISSION Office of the Secretary The Secretary to the Commission heads the Office of the Secretary which comprises the Executive and Support Services Branches. The Office of the Secretary oversees and coordinates the functions of the Executive Services Branch (Media and Communication, Internal Audit and Policy and Planning Units) and the Support Services Branch (IT, Finance, HR and Logistics Units). The Office provides policy direction and leadership on corporate governance matters in order to align advice and service in line with the needs and expectations of the MOC. Office of Counsel The Counsel to the Commission heads the Office of Counsel and ensures that the Commission is provided with sound legal ad-vice. The key strategies for the year were administering quality control over major outputs of the Commission; providing legal opinions based on law and sound constitutional principles; preparing right to be heard notices with minimum delay; referrals to the Public Prosecutor made with minimum delay; and, providing timely opinions for the Members of Commission on other mat-ters including Judicial and Legal Services. Leadership Division The Leadership Division is headed by a Director who is responsible for the discharge of duties relating to the Leadership Code. The Leadership Division comprises of the Annual Statements and Assessment Unit and three Investigation Teams.



FUNCTION SOURCE OF POWER

1. Power to make special references to the Supreme Court on questions of constitutional interpretation.

Constitution, Section 19

2. (Implied) power to protect and enforce the Basic Rights and freedom under the Constitution

Constitution, Section 57

3. Power to advise (jointly with the NEC) the Queen and Head of State, to consent to the Governor-General holding another office or position or engaging in an-other calling.

Constitution, Sections 87(3) & (4).

4. Power to help enforce the Organic Law regulating po-litical parties, political donations and the protection of elections from outside or hidden influences.

Constitution, Sections 129 & 130; Organic Law on the Integrity of Political Parties and Candidates.

5. Power given to Chief Ombudsman to participate in judicial appointments etc, by virtue of his membership of the Judicial and Legal Services Commission.

Constitution, Section 183; Organic Law on the Judicial and Legal Services Commission.

6. Power given to Chief Ombudsman to participate in the appointment of the Public Service Commissioner by virtue of his membership of the Public Services Com-missioners’ Appointment Committee.

Constitution, Section 190(2) (e).

Figure 2: Ombudsman Commission Complementary Functions

Complaints Administrative and Investigative Division Similarly, a directorate for the Complaints Administration and Investigation Division was established and headed by a director who is responsible for the management of complaints administration and investigations. The Division comprises of an Anti-Discrimination and Human Rights Unit (ADHRU) and four Investigation Teams. Regions and External Relations Division The Division is responsible for the administration of Regional Offices and External Relations Programs to facilitate investigative roles at the regional level as well as enhancing the image of the Commission through the facilitation of media and awareness programmes.

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Management and Accountability

4. MANAGEMENT AND ACCOUNTABILITY


SUPPORT SERVICES BRANCH Human Resources Unit The Human Resources Unit is headed by the Human Resources Manager and has an establishment of five officers. The unit is responsible for Personal and Salary Administration, Training and Development and maintaining the Human Resources Information Systems (CHRIS21). These are very broad areas of responsibilities that covers recruitment, contract management, leave and salary administration, performance management, training and development and management of the electronic Human Resources Systems. Figure 3. Recruitment and Staff Establishment

Recruitment continues to be a challenge for the Commission despite resources being targeted towards recruitment drives to fill in the positions within a reasonable time frame in order to meet the Governments budget ceiling requirements. The staff on strength in the reporting period was 96 hence the Commission had the mammoth task of filling 50 vacant positions in-creased from 41 in 2008. There was a vigorous recruitment drive in which twelve appointments were made , seven were internal and five were external. The internal appointments created further 7 vacancies and the only progress was employing 5 new officers that came from outside. Very senior appointments were made in the form of Secretary to the Commission and Director Leadership and Director Complaints. The Commission also had an increase in the turnover rate from 13 in 2008 to 16 in 2009 which apparently have also contributed to the increase in the vacancies. The Commission was not able to meet its targets as there were other impediments and factors that contributed to disturbing the smooth recruitment process, such as the offers were not competitive, candidates appointed had secured better offers elsewhere. Gender and equal employment opportunity The Commission is a champion of good governance and leadership and through its recruitment process have made appointments and promotions based on merits and credentials. Five female officers were appointed from the 7 internal appointments made hence demonstrates the Commission’s stand on promoting equality and fairness in employment opportunities or other incentives.

Division Establishment Staff on Strength Vacancy Resignation /Termination

MOC 3 3 Nil Nil

Office of Secretary 13 9 4 1

Support Services 22 18 4 3

Office of Counsel 09 7 2 2

Leadership 28 19 9 6

Complaints 29 17 12 3

Regions and External Re-lations

42 23 19 1

Total 146 96 50 16

Contract Management In the year, 49 Contracts of Employments were administered which involved contract gratuity payments, renewals of contracts and offer of appointments, processing and signing of contracts. Contracts of Employment are performance based and there were only two contracts of employment that expired in the year. Training and Development The Commission highly promotes Training and Development for all officers across the board irrespective of the positions. Commis-sion ensures that there is total capacity building for officers to be fully skilled so that they can competently and diligently deliver to the required standards and expectations. Training picked up momentum in the year with an approved Training Plan in place which guided a more structured approach in the facilitation of training for officers. Officers training needs were identified from their development plans and facilitated through In-house training by external facilitators or reputable training institutions in–country. Overseas training was at the minimum with the exception of international workshops and conferences. The Training Programs specific to the competency skill requirements were shelved due to the absence of proper overseas training guidelines to safe guard the selection of officers to attend these Training Programs. There were a total of 221 officers who attended various trainings/programs in- country that were programmed within the 2009 Train-ing Plan which was a satisfying result for the Commission having to invest resources in the capacity building of its officers. The Bar Readers Course for Lawyers was previously funded under the Development Budget and due to certain cuts in the Develop-ment Budget activities; it has been factored into the Recurrent Budget. Two lawyers from the Office of Counsel attended the course for a period of two months and this was positive for the Commission in training lawyers to be resourced to the standard and on par with other lawyers and ultimately to competently produce the results. Development Activity - Twinning Program Twinning is the only program that is funded under the Development Budget and is an initiative of the Ombudsman Commission of PNG and the Commonwealth Ombudsman Office for purpose of capacity building. The program has been a success story between the Ombudsman Commission and Commonwealth Ombudsman Office in Canberra, Australia. The inauguration of the twinning program started in 2005 with a MOA signed between the Commission and Commonwealth Ombudsman to build and develop the investigation and complaints handling skills for Investigators and this started off with placements from the Complaints and Administrative Investigations Division. The Twinning program also includes a management induction and placement for Members of the Commission and in that year had the Chief Ombudsman at the Commonwealth Ombudsman for two weeks. In addition to that the Commission also had two placements for two months at the Commonwealth Ombudsman office in the middle and towards the end of the year. A successful review meeting was held in December in Port Moresby to reflect back on the activi-ties in the year and to plan for the following year. The review proved to be a success due to both the Ombudsman Commission and Commonwealth Ombudsman agreeing for the first time to expose short term placements for staff in the Support and Executives Services and that to commence in year 2010. Complete Human Resources Information System (CHRIS21) The Human Resources Unit has ownership of the CHRIS21 system, which is a computerised Human Resources System that con-tains staff personal and salary data and all different streams of human resources functions and also operates the payroll function.



The system has not fully maximised its full potential and requires a huge amount of work that needs to be done in the loading of leave data in the system. This will require manual cleansing of the leave records into the electronic CHRIS21 leave database. The only fields that have been used are the loading of the staff leaves and payroll function. The migration of manual leave records to CHRIS21 and loading of data into the other critical HR streams and to provide access to users continues to be a challenge for the Commission. Challenges The year 2009 has been a very challenging year for the Commission with the filling of 50 vacancies to meet the budget require-ments of the approved funded ceiling on the structure. The Commission has pursued vigorous recruitment drives; however despite these attempts external factors have contributed to the Commission not achieving the desired recruitment outcomes. There has been an increase turnover of officers for various reasons of which most have left for other better paid jobs and particu-larly absorbed by the private sectors. Managing Contracts of Employment for 49 officers is a huge challenge for the current manpower to administer and manage the contracts. Achievements Despite the shortcomings that were experienced due to manpower constraints and other factors that were beyond the Commis-sion’s control, there were some major and impact decisions that were made which translated into achievements for the Commis-sion, including:

• Payment of Housing Allowances for the lower band staff • Payment of Motor Vehicle Allowance for the middle and senior management positions • Extension of short term twinning placements to the Support and Executive Services staff

Financial Management The Commission continued to provide strong compliance in its statutory reporting services throughout the financial year. External audit engagement have been managed within reporting timelines and external financial reporting has continued to be of profes-sional quality resulting in the unqualified 2009 accounts by the Auditor-General of Papua New Guinea. Costs of operation have been well controlled in line with prevailing strategic plans. Marked improvements were recorded through timely budget submissions, monthly cash flow estimates, adherence to control and monitoring expenditure against budget; preparation of monthly and quarterly expenditure reports. The Commission’s involvement in the negotiation and close liaison with the Department of Treasury resulted in the Department of Treasury providing clearance and approval for the Commission to utilise unspent funds maintained in the Business Management Account for over a period of five (5) years for urgent financial needs of the Commission.



In the year ahead the Commission hopes to introduce the up to date ‘Ombudsman Commission Financial Procedures Manual’ which complements the Public Finance (Management) Act. This will be the first of its kind in a public body. Figure 4 and Figure 5 below shows the Commission’s Total Annual Grant and Total Annual Expenditure for the Year.

Asset Management System In 2009 the Asset Management System (AMS) captured asset acquired and disposed in the reporting period. The value of Commission assets at the beginning of the year was K 6,744,517.84 During the year a total assets value of K 506,459.57 were acquired and a total assets value of K 144,830.50 was disposed. To close the year, the Commission had a cumulative total asset of K 7,106,146.90 in 2009.

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TOTAL ANNUAL GRANT

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Figure 4: Total Annual Grant Figure 5: Total Annual Expenditure

Figure 6: Total Assets

This Chapter looks at the performance of the operational areas of the Ombudsman Commission, focusing on the activities carried out throughout the reporting year. The major activities include,

I. Enforcing the Organic Law on the Ombudsman Commission

II. Enforcing the Leadership Code

III. Office of Counsel

IV. Section 27(4) of the Constitution

V. Regions and External Relations Program.

The reports consolidate the operations of the Ombudsman Commission from receiving administrative complaints, conducting inquir-ies to full investigations, Leadership Tribunals, carrying out awareness to promote the roles and functions of the Ombudsman Com-mission and Leadership Code.


Major Activities

5. MAJOR ACTIVITIES

The Traditional Role Of The Ombudsman Commission The Ombudsman Commission is an institution that is required to provide a quick, flexible means of redress for aggrieved citizens af-fected by a form of administrative injustice. In its traditional role under Section 218 of the Constitution, the Ombudsman Commission is seen as the institution that is available to assist ordinary citizens throughout the country (who feel) aggrieved by actions of the bureaucracy or any governmental body.

Whereas the Constitutional Planning Committee focused on the need for the Commission to assist individual citizens in achieving administrative justice, the Constitution went one step further. It envisages a much broader role for the Commission to actively "help" in the work of governmental bodies. The Constitution ensures that governmental bodies are “responsive”, efficient and effective in carrying out their statutory functions. The Ombudsman Commission is entrusted with the responsibility to lift the overall standards of public administration in Papua New Guinea. It does not exist simply to assist individual citizens but has a much broader constitutional mandate to protect the interest of its citizens against abuse by government agencies and departments. This was a profound vision of our forefathers who planned and wrote the Constitution. Investigating Wrong Conduct The Ombudsman’s traditional function allows it to investigate issues, either on its own initiative or on a complaint by a person affected by administrative practices and decisions of governmental bodies that may be unreasonable, unjust or oppressive.

An investigation of alleged wrong conduct by a governmental body is carried out under the Organic Law on the Ombudsman Com-mission. This Organic Law is also used for a discriminatory practices investigation. Complaints The Organic Law on the Ombudsman Commission provides that any person can make a complaint about any matter within the juris-diction of the Commission. The Commission is obliged to consider every complaint it receives and has the discretion whether to investi-gate a complaint or not. Own Initiative Investigations Section 219(1)(a)(ii) and (c) of the Constitution empowers the Ombudsman Commission to conduct investigations on its own initia-tive, in addition to conducting investigations in response to specific complaints that it receives.

The power to investigate on its own initiative is another way in which the Constitution and the Organic Law have conferred a consid-erable degree of independence on the Commission. The Ombudsman Commission exists, not only to impose accountability, but also to expose corruption and to positively assist the public, particularly public servants and governmental bodies to do their jobs properly. The wider purpose of the existence of the Om-budsman Commission has a clear conceptional basis in the Constitution. Complaints & Administrative Investigation Division (CAID) The Complaints and Administrative Investigative Division (CAID) is a division headed by a Director. There are five (5) Investigation Teams, each headed by a Team Leader who reports to the Director. Each team comprises of three Senior Investigators, an Investi-gator and an Assistant Investigator. Under the structure the CAID receives and investigates complaints that are referred by the Di-rector Regions and External Relations for formal investigations after making assessments. The CAID investigates complaints regarding alleged wrong conduct on the part of government bodies and alleged discriminatory laws and practices under the Organic Law on the Ombudsman Commission. It gives priority to investigating those complaints that identify structural and procedural deficiencies in the Papua New Guinea public administration and individual cases of serious abuse of powers particularly where there are no alternative and satisfactory means.


Major Activities - Enforcing the Organic Law on the Ombudsman Commission

I. Enforcing the Organic Law on the Ombudsman Commission

The CAID is one of the two main functional areas of the Commission along with the Leadership Division as it relates to the enforce-ment of the Constitution and the two Organic Laws. Investigations Conducted During The Year A total of two hundred and seventy (270) new cases were opened during the reporting period and twenty three (23) were pro-gressed to full investigation. In addition we carried over 160 cases from 2008. A total of 299 preliminary and 20 full investigations were completed which included carry over cases from 2008 and 111 cases were brought forward to 2010. Publication of Report During the year the Ombudsman Commission published three Reports which were tabled in Parliament. The Reports include the investigations into the Julian Moti Affair, the Unlawful Entry and Abuse of Human Rights by Police, Three Mile Guest House, Port Moresby, NCD and the Appointment and Conduct of Hamish Sharp in the National Maritime Safety Board. Police Oversight Project The Police Administrative Review 2004 recommendation continue to be implemented through an MOA signed in 2007 and reviewed in 2008. To look at codifying the arrangements through an Act of Parliament, a Steering Committee and Working Group was formed to work on the proposed Police Integrity Act in 2008. The process involving drafting of legislation included discussion paper, policy paper and legislation drafting paper. The Draft Discussion Paper was discussed by the group to ensure all the requirements are incorporated. Apart from working on the proposed Police Integrity Act the Ombudsman Commission continued oversighting high profile case investigations by Internal Affairs Directorate of the Royal Papua New Guinea Constabulary. The Ombudsman Commission over-sighted three high profile investigations out of the 59 complaints received. These included the arrest of a lawyer from Wabag and flown to Rabaul via Port Moresby to answer a case and the investigation into Papindo armed robbery in Wewak resulting in one member being dismissed from the Police Force, an Officer In Charge of Criminal Investigation section demoted from Inspector to Sergeant rank and transferred to Lae and four members served monetary fine penalties. An investigation in Vanimo, West Sepik Province, has resulted in the PPC arrested and charged criminally and four members served with serious administrative charges. The charges are yet to be adjudicated. The message of MOA is seen to be having impact with high profile case investigations. The Ombudsman Commission ultimately hopes to see police deal with many of these cases in the first instances and restore public confidence in the work of the Police. Anti-Discrimination And Human Rights Unit The Anti Discrimination and Human Rights Unit (ADHRU) is one of the five units under the Complaints and Administrative Investiga-tion Division. The Unit is an initiative of the Ombudsman Commission and the United Nations Development Fund (UNDP). It was set up initially as a project funded by the UNDP. The targeted outputs of the project are to strengthen the capacity of the OC - ADHR Unit to un-dertake the protection and enforcement of human rights, increase public awareness of human rights through a mass media cam-paign nationwide and to advocate for support for a longer-term institutional arrangement for Human Rights Protection. Human Rights Training In 2009 apart from the investigation of cases, the Unit conducted the following awareness activities and Human Rights Training including Human Rights and HAMP Act /Discriminatory Practices Act Training for Defence Force Families, Human Rights and HAMP Act /Discriminatory Practice Act Training /Awareness for Poro Sapot Project ( Save The Children), Human Rights Training/Awareness for Olsobip LLG –Western Province, Human Rights Training/Awareness for Star Mountains LLG. The Unit also partici-pated in several other trainings and assisted in developing the Family and Sexual Violence Policy, a legislative reform to explicitly ban all forms of Corporal Punishment.



No Remedy 73 Payment Granted 6 Payment Restored 1 Penalty waived or reduced 1 Fee refunded/waived/reduced 3 Act of Grace payment 3 Other Financial Remedy 1 Action expedited 13 Agency Apology 1 Agency undertook to reconsider matter 30

Decision changed 5 Better explanation – by agency 49

Total: 192 Change to policy/practice/law 6



Complaints received Figure 7 records the number of complaints that were lodged with the Ombudsman Commission in 2009 which were dealt with and the type of remedy granted against these complaints. Figure 7: Remedy of Complaints investigated Complaints against Government Bodies Figures 8 and 9 show the number of complaints against Government Bodies received and investigated by the Ombudsman Com-mission in 2009. The pie graph and table below illustrate in percentage and the actual number of complaints received against the top ten agencies out of 56 agencies investigated . Figure 10 shows complaints received from each province.

, Dept of Police, 73, 45%

, Dept of Educat ion, 18, 11%

, Dept of C.I.S., 16, 10%

, Dept of Healt h, 14, 9%

, Nat ional Housing

Corporat ion, 8, 5%

, Dept of Def ence, 7, 4%

, Dept of Finance, 7, 4%

, Dept of Lands & Physical

Planning, 7, 4%

, Dept of Labour & Indust r ial

Relat ions, 7, 4% , Teaching Services

Commission, 6, 4%

Dept of Police

Dept of Education

Dept of C.I.S.

Dept of Health

National Housing Corporat ion

Dept of Defence

Dept of Finance

Dept of Labour & IndustrialRelat ionsDept of Lands & Physical Planning

Teaching Services Commission

Dept of Police 73 Dept of Education 18 Dept of C.I.S. 16 Dept of Health 14 National Housing Corporation 8 Dept of Defence 7 Dept of Finance 7 Dept of Labour & Industrial Relations 7 Dept of Lands & Physical Planning 7 Teaching Services Commission 6 Total: 163

Figure 8 and 9: Number of complaints against Top 10 agencies out of 56 agencies investigated in 2009

Figure 9

Figure 10: Complaints by Provinces CASE SUMMARY The following are summaries of some complaints cases that were lodged with OC in 2009 which were dealt with under OLOC. (1) Outstanding Entitlement Owed To Widow By Western Provincial Administration The Complainant wrote to the Commission alleging that the entitlements and other benefits due to her late husband, were unpaid dating back to 1999. She claimed that her husband was appointed by NEC to act as the Provincial Administrator of Western Provincial Administration in 2000. However he suffered a major stroke on 4 October 2001 and was granted sick leave from that date to his death on 6 December 2005. Her attempts to have final entitlements paid to her by the Western Provincial Administration failed. She also consulted the De-partment of Provincial & Local Level Government Affairs but their efforts also failed. Due to the geographical location, the Commission undertook a fact finding trip to Daru and Kiunga respectively. In Daru, the Commis-sion established from the Human Resource Manager that the deceased was paid a total of K29, 553.68 as final entitlements through salary payment into his bank account. On the basis of the above the case was closed having established that the entitlements were paid in full. (2) Complaint Against PNG Power Ltd The Commission received a complaint against PNG Power Limited for wrongly charging arrears of K317.03 to a complainant’s ac-count which had been settled. The Complainant argued that he had on several occasions raised his complaint with the PNG Power Limited Provincial office in Kavieng and also to the CEO at the PNG Power Headquarters in Port Moresby to no avail. Upon receipt of the complaint the Commission consulted PNG Power Limited, in particular the Credit & Debt Control Manager by tele-phone who advised that he was aware of the matter and that there was an investigation underway. He advised that PNG Power Ltd had advised the complainant to provide receipts of payments for adjustments to be made.



Bougainville 3 1.10 Central 6 2.20 East New Britain 7 2.56 East Sepik 12 4.40

Eastern Highlands 5 1.83 Enga 2 0.73 Gulf 1 0.37 Madang 8 2.93 Milne Bay 12 4.40 Morobe 6 2.20

National Capital District 63 23.08 New Ireland 2 0.73 Oro 1 0.37 Sandaun 2 0.73 Simbu 3 1.10 Southern Highlands 2 0.73 West New Britain 4 1.47 Western Highlands 1 0.37 Western Province 9 3.30 Others 124 45.40

Total: 273 100.00

PROVINCE COMPLAINTS PERCENTAGE ( %)

The Commission was informed that adjustments were made on 20 February 2009 and our confirmations with the complainant proved otherwise. However, we were later advised by the complainant that adjustments were effected. On the basis of the above the case was closed. (3) Non Payment Of Final Entitlements By ORO Provincial Administration A former employee of the ORO Provincial Administration alleged that he was never paid his final entitlements and his outstanding leave fares for 2004. A formal letter was forwarded to the ORO Provincial Administration to ascertain actions taken on the matter if any. There was no response so the Commission undertook a site visit to the Oro Provincial Administration. The HRM confirmed that the complainant’s final entitlements were already paid by DPM and his outstanding leave fares was pending the outcome of an administration decision whether to pay him or not because of a pending disciplinary matter for misappropriation of administration funds. For that reason we closed the case. (4) Maritime Workers Union Against National Maritime Safety Authority The Ombudsman Commission commenced an investigation in May 2007 on receipt of a complaint alleging that (i) correct appoint-ment procedures were not followed in the appointment of Mr. Sharp to the NMSA Board; and (ii) Mr. Sharp’s conduct in respect of certain Board decisions was wrong. The Commission’s findings of the investigation in it’s Final Report were that (i) the conduct of the Minister for Transport was wrong on two instances (a) he failed to follow the correct dismissal procedures when he purported to terminate Mr Michael Kasi, a former Board member; and (b) he failed to follow correct appointment procedures when he appointed Mr. Sharp to the NMSA Board; (ii) the NMSA’s administrative practice was defective in that it did not have in place a policy to guide ministerial appointments of Board mem-bers; and that (iii) the conduct of Mr. Sharp was wrong on two instances (a) he failed to comply with the statutory requirements for holding of Board Meetings and (b) he participated in Board Meetings where he had a real conflict of interest. The recommendations were (i) for the Minister for Transport to comply with the dismissal requirements set out in Section 10 of the NMSA Act in any future decision to terminate the appointment of a member of the NMSA Board (ii) the Minister for Transport to com-ply with the appointment procedures required by s.7(7)(a) and (b) of the NMSA Act; (iii) the Secretary Department of Transport to de-velop a policy to guide appointments under Section 7(1)(d) of the NMSA Act; (iv) the Chairman of the NMSA Board to schedule and hold Board Meetings in compliance with the requirements of Section 12(1) of the NMSA Act; (v) the Minister for Transport to review the appointment of Mr. Hamish Sharp as a member to the NMSA Board on the basis of Mr. Sharp having a real conflict of interest on matters discussed in Board Meetings contrary to Section 13(1) of the NMSA Act; and (vi) the Chairman of the NMSA Board to de-velop Meeting Rules particularising the conduct of Board Meetings in terms of items for discussion with regard to issues of ‘conflict of interest’. (5) Unlawful Entry Of Premises By Police A Final Report was published on the investigation into the unlawful entry of a Guest House located at 3 mile in Port Moresby, National Capital District by Police. In its Final Report the Commission found that Police unlawfully entered, raided; and arrested alleged sex workers at the Guest House and used excessive force and detained the victims unlawfully. Police Officers in command of the operation failed to exercise proper supervision or control of officers under their command. Police did not present a search warrant to enter and search the private prem-ises; while the arrest of the victims was executed without a warrant of arrest or on reasonable suspicion that an offence had been committed or was about to be committed; and the victims were detained without being charged. The Commission recommended to the Commissioner of Police to appropriately deal with Police officers implicated in the Report un-der the Police Act; and to ensure that the Police update and include in the Police Force Operational Instructions that Police must at all times present an Entry and Search Warrant to enter and search any premises and when confiscating items from any premises they must keep a record of items confiscated and a copy given to the owner of the premises. The investigation also revealed abuse of power by Police and breach of human rights and therefore the Commission recommended for Police to undertake Human Rights courses and that all members of the Force must undertake refresher courses on Operational duties once in every two years.



(6) Julian Ronald Moti Affair The Commission published a Final Report on the investigation into the conduct of the PNG Government Officials who facilitated the entry of Julian Ronald Moti into PNG, his arrest, detention, bail and his transportation out of PNG to Solomon Islands. The Report highlighted the lack of prior awareness among relevant Government Bodies regarding the procedures under the Extra-dition Act 2005 which had caused confusion in the implementation of the extradition process. The initial arrest and detention of Julian Ronald Moti by Police was unlawful and in breach of the Migration Act (Chapter 16). The advice and direction from the Dep-uty Prime Minister to the Police to release Moti from Police custody was wrong; and the actions of the public official from the Prime Minister’s Department, and the Defence Force Officials to facilitate the transportation of Moti to Solomon Islands using the PNGDF Casa were wrong and in breach of the Civil Aviation Act 2000. The Commission among other things recommended to the Office of the Public Prosecutor and the Department of Justice and Attor-ney General to conduct awareness on the requirements and processes of the Extradition Act 2005. The Report also recommended that the Minister for Internal Security and Commissioner of Police take disciplinary actions on the improper advice and directions by the top and lower rank officers; and also recommended that Police and Defence personnel not accept instructions from politicians, businessmen and any other persons outside the Forces. The Report also recommended for the Commander of Defence to issue Circular Instructions to all members of the Force not to ac-cept any verbal directions from National Executive Council. The Report also recommended that the Commissioner of Police investi-gate all public officials and politicians involved in the Julian Ronald Moti Affair with the view to prosecute them under the Criminal Code. (7) Rape Allegation Against a Provincial Police Commander

A female complainant alleged that a Provincial Police Commander raped her when she sought his assistance to execute warrant of commitment against her de facto husband. The Ombudsman Commission oversighted the investigation conducted by Police Inter-nal Investigation Unit which resulted in PPC being served with three (3) disciplinary charges (SDORs) and was suspended with pay. Thereafter, criminal investigation was completed and he was arrested and charged with two counts of sexual penetration. The PPC thereafter voluntarily retired and his criminal charge is before the National Court for trial as a private citizen or common criminal. This was the first major successful case under the MOA between OCPNG and RPNGC.

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Major Activities - Enforcing the Leadership Code

The Leadership Code is amongst the Constitutional Planning Committee’s most fundamental recommendations, and as such, it was entrenched in the Constitution (Division III.2 of the Constitution). It is a Code of Conduct that PNG’s leaders are expected to know and follow. The Ombudsman Commission has been given the authority by the Constitution and the Organic Law on the Duties and Responsibilities of Leadership (OLDRL) to supervise and enforce the Leadership Code. The Leadership Code applies to all Leaders specified under Section 26 of the Constitution. Section 26(4) of the Constitution empowers the Commission to make a decision in the event of doubt as to whether a person is a person to whom the leadership code applies. The Constitution contains general statements of principle while the Organic Law imposes more specific duties and responsibilities. Section 27 of the Constitution is headed “responsibilities of office “. It states that Leaders must ensure that they do not place them-selves in a position in which they could have a conflict of interest. It speaks of leaders demeaning their office or position and not allow-ing their public or official integrity to be called into question. It implores Leaders not to endanger or diminish respect for and confi-dence in the integrity of government in Papua New Guinea. In many instances, if Leaders are in breach of these fundamental princi-ples of good governance they can also be described as acting corruptly. The Leadership Code is therefore morally and legally binding on the Leaders and firmly enforced. Leadership Division Operational matters Wide-ranging changes to the structure and operations of the Commission took effect in early 2000 followed by another restructure in 2002 and one in 2005 which was implemented in 2007. The Leadership Division was headed by a Director up to 20 July 2009. On 20 July 2009, a new Director was appointed to the Leadership Division. The Division is made up of an Annual Statements Assessment Unit and three Investigations Units. Summary of investigations carried out in 2009 The Leadership Division conducts investigations into breaches of the provisions of the OLDRL and if prima facie evidence is estab-lished, the Leader is referred to the Public Prosecutor for prosecution before the Leadership Tribunal. The figures below show that one hundred and seventy six (176) allegations were received by the Commission against various Leaders in 2009. These allegations are currently being investigated by the Commission. Figure 11: Summary of Leadership investigations carried out in 2009

Offence No. MPs Dept Heads

Const. Office Holders

Statutory Authority

MPA Overseas Mission

Ministerial Staff

Abuse of Power

55 35 6 4 4 6 - -

Misappropriation of public funds

73

51

11

2

2

6

-

1

Moral complaints

48 34 12 1 - 1 - -

TOTAL 176 120 29 7 6 13 - 1

II. Enforcing the Leadership Code


Major Activities - Enforcing the Leadership Code

The number of complaints investigated by the Leadership Division in 2009 compared to number of complaints received in 2008 in-creased by 81%. The common category of complaints the Division receives is usually three: Abuse of power, Misappropriation of funds and Moral complaints. The prominent categories of complaints in 2009 were: misappropriation of funds and abuse of power committed by National Parliamentarians, Member of Provincial Governments and Departmental Heads. During 2009 no complaints of various allegations against the Overseas Missions were received. Moral complaints were received against National Parliamentarians, Departmental Heads and one Constitutional Office Holder and one Member of Provincial Government. Annual Statements Section 4 of the Organic Law on the Duties and Responsibilities of Leadership states that the leader must submit his Annual Statement within three months after becoming a person to whom the Leadership Code applies. Figure 12 below shows the number of Annual Statements sent and received from various categories of Leaders in 2009. Figure 12: Annual Statements sent out and received from leaders in 2009

Five Right To Be Heard (RTBH) notices were served to the leaders in 2009 who defaulted in submitting Annual Statements. This is a 5 % increase from 2008 Report.

Activity MP Dept Head

Const. Office Holders

OS Mission

Statutory Authority

PA MPG Other Statutory Bodies CEO Board

A/Statement Sent

109 19 42 15 29 12 15 N/A 15

A/Statement Received in 3 months

89 17 40 14 28 9 10 N/A 11

A/Statement Received after 3 months

5 1 2 0 1 3 4 N/A 2

A/S not Submitted

15 1 - 1 0 0 1 N/A 2

RTBH 1 1 0 0 1 0 1 N/A 1

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Major Activities - Office of Counsel

III. Office of Counsel OFFICE OF COUNSEL The Office of Counsel (OoC) exists to provide legal service to the Commission. Main activities and achievements at 31 December 2009 that Office of Counsel was involved in are: 1. Enforcing the Leadership Code: One of the main purposes of establishment of the Ombudsman Commission is to supervise the enforcement of the Leadership Code and the Commission does this amongst other things by investigating alleged or suspected misconduct in office by leaders. The Com-mission can conduct such investigations either on complaint or on its own initiative. If the Commission investigates the conduct of a leader and is satisfied that there is a prima facie case that he or she has been guilty of misconduct in office it is obliged to refer the matter to the Public Prosecutor for prosecution before a Leadership Tribunal. Section 29(1) of the Constitution and Sections 17(d), 20(4) and 27(1) of the Organic Law on the Duties and Responsibilities of Leadership imposes this duty. The Office of Counsel plays a part in the enforcement process from the time a Right To Be Heard notice is issued to a leader and thereafter. In 2009 Ombudsman Commission issued 2 Right To Be Heard notices and made two referrals to the Public Prosecutor. Apart from the two referrals in 2009 there were four leaders who had been referred for prosecution in previous years, whose cases were still with the Public Prosecutor. Each referral follows an intensive investigation, which consumes a considerable amount of time and resources. After a matter is re-ferred to the Public Prosecutor the Commission still has to devote time and resources to assisting the Public Prosecutor to assess and prosecute the matter before a Leadership Tribunal. If a Tribunal finds the leader guilty, recent experience is that the judicial review is almost invariably commenced. The Ombudsman Commission becomes closely involved in that process also. 2. External Advisory matters In its advisory jurisdiction, OoC finalized for the Commission, 355 external advices which were dispatched to various parties including leaders. Internal Advisory matters The Counsel to the Commission also ensures other offices with the Commission are assisted by diligently carrying out the decisions of the Commission and assisted with 507 advices on matters relating to Finance, Logistics, Human Resource, Policy and Planning and Information Technology. 3. Directions under Section 27(4) of the Constitution Ombudsman Commission is empowered under Section 27(4) of the Constitution to give directions either generally or in a particular case, to ensure the attainment of the objects of the Leadership Code in the following circumstances:

i. Where the Ombudsman Commission conducts investigations under the Leadership Code and the Organic Law on the Duties and Responsibilities of Leadership relating to misconduct in office by persons to whom that Law applies.

ii. The person being investigated is a person to whom Division III.2 (leadership code) of the Constitution applies. iii. The person being investigated is subject to Section 26 of the Constitution. iv. A matter being investigated relates to a leader’s conduct to whom the National Goals and Directive Principles, the Basic

Rights and the Basic Social Obligations of the Constitution, and in particular the duty to act in the spirit of the Constitu-tion, apply.

v. The Ombudsman Commission determines that it is necessary to issue the Direction for the purpose of ensuring the at-tainment of the objects of Section 27 of the Constitution, in particular, protecting the integrity of leaders.

In 2009 the Ombudsman Commission, issued two Directions under Section 27(4) of the Constitution which were still pending at the end of 2009. (see Chapter IV - Directions)


Major Activities - Office of Counsel

4. Litigation: Section 217 of the Constitution states that the proceedings of the Commission are not subject to review in any way, except by the Supreme Court or the National Court on the ground that it has exceeded its jurisdiction. It is common for one or more proceedings to be commenced each year. In 2009 the Ombudsman Commission continued to be involved in a wide range of court proceedings and registered 9 fresh cases. Of the 9 cases, 5 relate to directions issued under Section 27(4) of the Constitution while 1 relates to the Commission’s exercise of power as appointing authority under Section 25 of the Organic Law on the Ombuds-man Commission and other 3 challenge its powers in the supervision of the enforcement of the Leadership Code. Status of those cases is captured in Figure 13 at the end of the Chapter. In addition to the new cases in 2009 there were matters from previous years which remain pending at the end of 2009. 5. Constitutional References: The Ombudsman Commission is one of a limited range of public bodies authorized by the Constitu-tion to make special references to the Supreme Court to seek the Court's binding opinion on questions relating to the interpretation or ap-plication of the Constitutional Laws. In this respect, the Ombudsman Commission has been authorized to maintain a watching brief over the Nation's constitutional development. By dint of this "hotline" to the Supreme Court, the Commission has become, to some extent, a guardian of the Constitution. Since Independence, it has been a fairly regular referrer of constitutional questions to the Supreme Court. In 2009 Commission registered only 1 Reference under Section 19 of the Constitution which Reference question the validity of the amendments to the Organic Law on the Provincial Governments and Local-level Government removing Presidents of the Local-level Governments as Members of the Provincial Assembly. At the end of 2009 the decision was still pending before the Supreme Court. 6. Special Projects – Counsel to the Commission and his lawyers are often engaged in projects which are outside of the Office’s performance indicators such as special investigations which require the assistance of a lawyer or projects which see officers being involved with other government bodies on projects funded by donor agencies. In 2009 OoC was involved in 2 project's. Figure 13: Court Matters in 2009

No NAME COURT Reference STATUS AT 31 December

2009 1 Supreme Court Reference

Constitution, Section 19; Reference by the Ombudsman Commission on Organic Law on Provincial Governments and Local-level Govern-ments (Amendment No 10) Law 2006

Supreme Court SCR No 1 of 2009

Pending

2 Gabriel Yer & Ors –v- Ombudsman Commission National Court OS (JR) NO 205 of 2009

Pending

3 Roderick Kamburi -v - Ombudsman Commission National Court OS No 322 of 2009

Pending

4 Ombudsman Commission -v- Gabriel Yer & Ors Supreme Court SCA No 71 of 2009

Pending

5 Ombudsman Commission -v- Gabriel Yer & Ors Supreme Court SCM No 11 of 2009

Pending

6 Millennium Waters Limited -v- Ombudsman Commission National Court OS No 345 of 2009

Pending

7 Wambea Makapa, Pauli Training Limited - v - Ombudsman Commis-sion & the State

National Court WS No 1164 of 2009

Pending

8 Jeffrey Nape, Speaker of National Parliament, National Parliament -v- Ila Geno, Phoebe Sangetari, John Nero and the Ombudsman Commis-sion

Supreme Court SCA No 107 of 2009

Pending

9 Hon Patrick Pruaitch -v- The Ombudsman Commission, The Public Prosecutor and The Leadership Tribunal

National Court OS No 456 of 2009

Pending

10 Richard Sikani -v- the Ombudsman Commission National Court (JR) OS No 782 of 2009

Pending

IV. Directions under Section 27 (4) of the Constitution The Ombudsman Commission is empowered under Section 27(4) of the Constitution to give directions either generally or in a par-ticular case, to ensure the attainment of the objects of the Leadership Code in the following circumstances: 1. Where the Ombudsman Commission conducts investigations under the Leadership Code and the Organic Law on the Duties and Responsibilities of Leadership relating to misconduct in office by persons to whom that Law applies. 2. The person being investigated is a person to whom Division III.2 (leadership code) of the Constitution applies. 3. The person being investigated is subject to Section 26 of the Constitution. 4. A matter being investigated relates to a leader’s conduct to whom the National Goals and Directive Principles, the Basic Rights and the Basic Social Obligations of the Constitution, and in particular the duty to act in the spirit of the Constitution, apply. 5. The Ombudsman Commission determines that it is necessary to issue the Direction for the purpose of ensuring the attain ment of the objects of Section 27 of the Constitution, in particular, protecting the integrity of leaders. Failure to comply with a direction issued under Section 27(4) of the Constitution may incur the following consequences:

a. In respect of a leader, misconduct in office under Section 27(5)(b) of the Constitution and liability to prosecution before an appropriate tribunal and subject to penalties under Section 28(1)(g)(ii) of the Constitution, Section 27(5) of the Or-ganic Law on the Duties and Responsibilities of Leadership and Section 2 of the Leadership Code (Alternative Penal-ties) Act, including dismissal from office; and

b. In respect of any other person, enforcement proceedings in the National Court under Section 23 of the Constitution.

The exercise of the Commission’s power under Section 27(4) of the Constitution is used to protect a Leader’s integrity or to pre-serve public funds during the currency of an investigation in a case of suspected or alleged misconduct in office. Directions issued in 2009 In 2009 the Ombudsman Commission issued two Directions under Section 27(4) of the Constitution the purpose of which is to at-tain the objects of the Leadership Code. These Directions were as follows; 1 Direction On Rehabilitation Of Educational Sector Infrastructure Fund (RESI Funds) Between 2007 and 2008 approximately K46.9m had been spent and about K114.3m were about to be spent in 2009 when Om-budsman Commission became aware of evidence that led it to form the view that, if no Directions were issued, public funds totalling K150m would be expended in a questionable manner and leaders integrity as required under Section 27 of the Constitution would be in doubt, hence on 5 March 2009 the Ombudsman Commission issued a Direction under Section 27(4) of the Constitution as part of the Commission’s investigations process. The Commission believes that it has a duty to the people of Papua New Guinea and especially the children to ensure that it protects national wealth as envisaged under the National Goals and Directive Principles and ensure that such funding held in trust for the common benefit of the people of this Nation go to the purposes intended for. The effect of the Direction temporarily stops those concerned from further dealing with the monies held in trust until the Commission has satisfied itself that proper processes have been followed in the draw down of funds in accordance with the Public Finances (Management) Act 1995 and related financial instructions and processes. However, on 22 May 2009 the National Court granted an injunctive order lifting the Directions issued by the Ombudsman Commis-sion. Ombudsman Commission lodged an appeal in the Supreme Court and applied for a stay of the National Court Order.


Major Activities - Directions under Section 27 (4) of the Constitution

The Supreme Court in refusing the application by the Ombudsman Commission ruled that although the Commission has good grounds for Appeal … the interests of having the money spent on educational projects far outweigh the existence of the Directions when all the considerations are taken into account. The Court said that:

“In those kinds of cases the Court should pay greater deference to the public interest in ensuring that budgeting and ex-penditure of public funds is a government prerogative”

The Court went on to say:

“The bottom line is that the funds are meant to be spent on designated projects with due expediency and they will eventu-ally get released for designated projects and those suspected of misconduct in office in respect of administration of funds already spent and to be spent in the future can be investigated by the Commission at any time with or without the need to preserve those funds. And so in terms of prejudice, the Commission does not stand to suffer prejudice in terms of the ap-plication of the funds. The Commission can as a matter of principle seek judicial determination on the validity of its Direc-tion which is now being challenged in the National Court with or without the preservation of those funds”

The effect of the Court Order lifting the Direction is that those dealing with the monies held in trust are free to deal with the funds accordingly. 2 Directions stopping transactions on monies held in a BSP Account in a Provincial Branch, Holding Public Funds Upon receiving information that public funds were being paid into the accounts of certain business entities without following proper pro-cedures, Ombudsman Commission issued a Direction under Section 27(4) of the Constitution as part of the Commission’s investiga-tions process. The effect of the Direction temporarily stops those concerned from further dealing with the monies held in the BSP Account until the Commission has satisfied itself that proper processes have been followed in the draw down of funds in accordance with the Public Finances (Management) Act 1995 and related financial instructions and processes. At the end of 2009 this Direction is still in force.

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Major Activities - Directions under Section 27 (4) of the Constitution

The Regions and External Relations Division encompasses Intake and Screening Unit (ISU), Governmental Bodies Liaison Program Unit - both based in Port Moresby and the three Regional offices located in Kokopo, Lae and Mt Hagen. Overview The year 2009 has been an eventful one. In 2008 Annual Report, the Commission indicated that, despite achievements, it was faced with challenges, most notably manpower constraints. Again this year in the midst of manpower issues, the Commission continued on plans to improve its accessibility to the public, promote awareness on its roles and functions, particularly to provincial and district cen-tre’s, assist complaints handling through the introduction of internal complaints handling mechanisms (ICHMs) in Governmental Bod-ies (GBs) and enhancing relationships with them (GBs). Progress has been made in each of the areas referred to above. A new complaint handling guideline (ISU Standard Operating Proce-dures) has improved the quality of the registration and assessment of complaints. The new Case Management System (CMS -Wasdok) was a significant development proving it was user friendly and reflected work processes in the Commission. There was a noticeable progress in relation to introduction of ICHMs with certain GBs and especially with the PNGDF Redress of Grievance (ROG) process. Furthermore, a Liaison Officers’ workshop for GBs or Provincial Administrations (PA) in Momase and Highlands regions was conducted in Madang using a revised Government Bodies Liaison Program (GBLP) Practice Guideline ap-proved by Members of Commission in the year. This year, negotiations to establish a Bougainville Office was held between the Chief Ombudsman Chronox Manek and officials from the Autonomous Bougainville Government and the Bougainville Administration. It is envisaged that the negotiations will be progressed further in 2010. Once established, the Bougainville Office will come under the Division of Regions and External Relations but will as-sume the status of a Regional Office. Public Education and Awareness The Commission continued awareness to promote the roles and functions of Ombudsman Commission through its External Relations activities and to improve accessibility to the public. Regional Offices are critical in promoting awareness programs. Although aware-ness program falls under the coordination of GBLP Unit in Port Moresby, Regional Offices pursued the activities with vigor by reach-ing into Districts and in some cases, villages. Places visited in 2009 Simbu, Enga, Southern Highlands and Eastern Highlands Provinces were visited in 2009 by the Mt. Hagen Regional Office. Aware-ness programs on roles and functions of the Commission were held in educational institutions. Schools, hospitals and prisons bene-fited from the visits. In total, 32 visits were undertaken to GBs in the provinces. Appearances were made on the National Broadcast-ing Corporation (NBC) Radio Enga and Radio Mendi to feature the Commission. Visits to Komo Magarima, Tari Pori and Koroba Dis-tricts in Southern Highlands occurred. A total of 54 awareness visits were undertaken by the Hagen office in this year. The Lae office made 10 awareness related trips. Besides visiting all the provincial centre’s in the region namely, Madang, Wewak and Vanimo, a visit to Saidor Government Station and some parts of Rai Coast in Madang was one of the highlights of the year as many public servants and villagers for the first time, heard about the work of the Commission. All metropolitan prisons in Momase region were visited. The Kokopo office visited Kimbe in the West New Britain Province in relation to engagement with West New Britain Provincial Admini-stration. A visit to Buka ensued to provide access to people in Autonomous Bougainville Region. It is worthwhile to mention that Bou-gainville has always come under the oversight of the New Guinea Islands Regional Office however; the situation is likely to change once a separate Ombudsman Office is established. Governmental Bodies Liaison Program (GBLP) The Commission holds high regard of the liaison program under GBLP by hosting a Liaison Officers (LOs) workshop in Madang this year. The workshop aimed to train Liaison Officers in the GBs on how complaints are dealt with through Governmental Bodies Liaison Program (GBLP) arrangements.

V. Regions and External Relations Program


Major Activities - Regions & External Relations Programme

Major Activities - Regions & External Relations Programme


GBLP and Awareness visits Governmental Bodies Liaison Programs were also conducted in parts of Southern Highlands, Enga and Madang provinces. Apart from conducting the GBLP program, general awareness was carried out on roles and functions of the Commission. Visits to GBs in Port Moresby in relation to GBLP or ICHM activities continued. The Commission considered the visits to be important in strengthening linkages with GBs. Ongoing dialogue with the PNGDF, NCDC, Department of Health and other Government agen-cies were maintained throughout the year. Prison visits by Regional Office The Regional Offices visited all the major prisons. They met Jail Management, staff and prisoners. They also toured prison buildings and grounds. The visits provided an excellent opportunity for the Commission staff and Jail Management to meet and discuss issues of concern and sometimes discuss best ways to address prisoner complaints. The prisons were supplied with complaint forms and informational brochures about the Commission. The prison visits served as an important reminder that developing local networks within prisons and the Commission ensures timely and effective complaint resolution. Improving Access Since the establishment of the Division in 2008, the Ombudsman Commission continued exploring ways to raise awareness of it’s role. A dedicated External Relations Program (ERP) Coordinator is yet to be appointed. A review of its strategies including existing materials and activities remains it’s focus. Publications The office publishes a range of brochures, guidelines and information sheets to assist complainants and public including GBs to un-derstand the roles and functions and the kind of services the office delivers. The content and design of guidelines like the Revised GBLP Practice Guidelines and information sheets were reviewed this year. A number of new publications and brochures should be issued soon. Statistical Overview on Complaints Handled This section covers one of the significant activities the Division undertakes on behalf of the Commission which is about grievances from the public. This is undertaken through the ISU in Headquarters. The three Regional Offices also act as entry points for com-plaints from the public. A total of 2,579 complaints were received and handled by the Division. Out of the total 2579 complaints, 1097 were handled at Head quarters through ISU, Mt Hagen Office processed 457, Lae Office handled 625 and Kokopo Office handled 400 complaints. (See Figure 14 below for statistics per office). Figure 14: Statistical Overview on Administrative Complaints Handled To conclude, our performance for the year is the result of the combined effort of officers working together to achieve the overall goals of the Ombudsman Commission.

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Appendix 1 - Ombudsman Commission Structure Appendix 2 - List of Leaders referred to the Public Prosecutor as at 31 December 2009 Appendix 3 - List of Reports produced under OLOC as at December 2009 Appendix 4 - List of Governmental Bodies under the Ombudsman Commission Governmental Bodies Liaison Program Appendix 5 - Former Members of the Commission

Appendices


7. APPENDICES


APPENDIX 1 OMBUDSMAN COMMISSION OF PAPUA NEW GUINEA ORGANISATIONAL STRUCTURE 2009

MEMBERS OF THE COMMISSION

3 MOC

Office of Counsel

9 Officers

Complaints & Administrative Investigation

Division (CAID) 29 Officers

Office of Secretary

36 Officers

Regions & External Relations Division

41 Officers

Leadership Division

28 Officers

The organizational structure below illustrates the chain of command and the number of offices in the service of the Commission.

Appendix 1

No LEADER OFFICE YEAR RESULT

1 MOSES SASAKILA MP; Minister for Culture 1976 Guilty – dismissed – later set aside by Supreme Court 2 BRIAN GREY General Manager, National Airline

Commission 1978 Guilty – reprimanded

3 AKO TOUA Commissioner, Electricity Commission 1978 Guilty – suspended

4 LEO MORGAN Acting Secretary, Department of Works and Supply

1978 Guilty – dismissed

5 JAMES MOPIO MP 1981 Guilty – dismissed

6 OPAI KUNANGEL MP; Minister for Commerce 1982 Resigned after appointment of tribunal

7 PIUS KEREPIA Secretary, Department of Works and Supply

1983 Guilty

8 ILINOME TARUA PNG High Commissioner to London 1983 Guilty

9 MICHAEL PONDROS MP 1983 Guilty – dismissed

10 LENNIE APARIMA MP 1985 Not guilty

11 EZEKIEL BROWN Managing Director, National Provident Fund

1985 Guilty – fined

12 JULIUS CHAN MP; Deputy Prime Minister; Minister for Finance

1988 Not guilty

13 JOHN KAPUTIN MP 1988 Guilty – fined

14 OBUM MAKARAI Chairman, Papua New Guinea Banking Corporation

1988 Guilty – fined

15 KEDEA URU Chairman, National Broadcasting Commission

1988 Not guilty

16 GERALD SIGULOGO MP 1989 Guilty – dismissed – judicial review by leader unsuccessful

17 SUSUVE LAUMAEA Chief of Staff, Office of the Prime Minister

1990 Public Prosecutor failed to refer matter to tribunal – no further action

18 GABRIEL RAMOI MP 1990 Resigned after appointment of tribunal

19 ESEROM BUREGE MP 1990 Resigned after tribunal commenced hearing

20 TED DIRO MP; Deputy Prime Minister; Minister for Forests

1991 Guilty – recommended for dismissal – resigned before dis-missal effected

21 TOM AMAIU MP 1992 Resigned after appointment of tribunal

22 TONY ILA MP 1992 Guilty – resigned before decision on penalty

23 TIMOTHY BONGA MP 1992 Resigned – later guilty – dismissed

24 PETER GARONG MP 1992 Resigned – later guilty – dismissed

25 GALEN LANG MP 1992 Resigned – later died in office

26 MELCHIOR PEP MP 1992 Resigned – later guilty – dismissed

27 PHILIP LAKI MP 1993 Guilty – recommended for dismissal – resigned before dismissal effected

28 ANDREW POSAI MP; Minister for Forests 1995 Guilty – dismissed – judicial review unsuccessful

29 JOHN NILKARE MP; Minister for Village Services and Provincial Affairs

1995 Guilty – dismissed – later reviewed by Supreme Court – penalty altered to fine

30 PAUL PORA MP; Minister for Civil Aviation 1995 Guilty – fined – judicial review by Public Prosecutor unsuccessful

31 JEFFREY BALAKAU MP; Governor, Enga Province 1996 Guilty – dismissed – judicial review unsuccessful

32 GABRIEL DUSAVA Secretary, Department of Foreign Affairs

1996 Guilty – dismissed – judicial review unsuccessful

33 YAIP AVINI MP; Minister for Health 1996 Lost office through criminal conviction

APPENDIX 2 LEADERS REFERRED FOR PROSECUTION BY THE OMBUDSMAN COMMISSION UNDER THE LEADERSHIP CODE AS AT 31 DECEMBER 2009

Appendix 2


No LEADER OFFICE YEAR RESULT 34 JOSEPH ONGUGLO MP; Minister for Education 1996 Resigned after tribunal commenced hearing

35 ALBERT KARO MP 1997 Lost office in election

36 PETER YAMA MP; Minister for Transport and Works 1997 Lost office in election – later re-elected Dismissed from office on 01.12.04. On 04.02.05 National Court quashed the penalty of dismissal, dismissed 2 guilty findings and imposed a fine of K1000. Leader is reinstated as member of Parliament for Ussino-Bundi. Appeal by the Public Prosecutor is pending.

37 AMOS YAMANDI MP 1997 Lost office in election

38 JERRY SINGIROK Commander of the Defence Force 1999 Guilty – dismissed – judicial review unsuccessful 39 MICHAEL GENE Secretary, Department of Attorney-

General; Attorney-General 2000 Appointment revoked prior to appointment of tribunal

40 JIM KAS MP; Governor, Madang Province 2000 Guilty – dismissed – judicial review unsuccessful

41 PETER PEIPUL MP; Deputy Leader of the Opposition 2000 Guilty – dismissed – later reviewed by Supreme Court – deci-sion on guilt affirmed but penalty altered to fine – slip rule application by Public Prosecutor rejected

42 ANDERSON AGIRU MP; Governor, Southern Highlands Province

2000 Guilty – dismissed – judicial reviews unsuccessful

43 JOHN WAKON Commissioner of Police 2000 Appointment revoked – judicial review of referral unsuccessful

44 KUK KULI MP 2001 Resigned after appointment of tribunal

45 BERNARD MOLLOK MP 2001 Resigned after appointment of tribunal

46 JACOB WAMA MP 2001 Resigned after appointment of tribunal

47 JOHN KAMB MP; Minister for Communications and High Technology 2001 Not guilty

48 BEVAN TAMBI MP 2001 Resigned after appointment of tribunal 49 PETI LAFANAMA MP; Governor, Eastern Highlands

Province 2001 Guilty – dismissed – later reviewed by National Court –

decision on guilt affirmed but penalty altered to fine

50 PETER WAIENG MP 2001 Resigned after appointment of tribunal 51 ANDERSON AGIRU MP; Governor, Southern Highlands

Province 2001 Guilty – dismissed – judicial reviews unsuccessful.

52 VINCENT AUALI MP; Minister for Corporatization and Privatisation

2001 Resigned after appointment of tribunal

53 PETER ARUL MP 2001 Resigned after appointment of tribunal

54 BERNARD HAGORIA MP 2002 Guilty – dismissed

55 MAO ZEMING MP 2002 Guilty – dismissed – Applied for judicial review. On 06/02,06 the Court considered that the breach of s. 21(6) OLDRL did not result in any real and substantial injustice to Mr Zeming and declined to quash the tribunal’s findings and dismiss the appli-cation with costs to the respondent, the State, who is the nomi-nal respondent representing the 1st, 2nd and 3rd respondents.

56 IAIRO LASARO MP 2002 Lost office in election

57 YAUWE RIYONG MP 2002 Lost office in election

58 JOHN TEKWIE MP 2002 Lost office in election

59 THOMAS PELIKA MP; Deputy Leader of the Opposition 2002 Lost office in election

60 ANDREW KUMBAKOR MP; Minister for Finance, Planning and Implementation and Rural Development 2002 Not guilty

61 MICHAEL NALI MP 2002 Guilty – fined

62 ALFRED DANIEL Chairman, National Gaming Control Board 2002 Appointment expired after request for tribunal

63 REUBEN KAIULO Electoral Commissioner 2002 Appointment expired after matter referred to tribunal

64 CES IEWAGO Managing Director, Public Officers Su-perannuation Fund

2003 Appointment revoked prior to request for tribunal

65 MICHAEL NALI MP, member for Mendi Open, member Southern Highlands Provincial Assembly

2003 Guilty – dismissed. Judicial Review application granted, tribu-nal decision quashed and matter referred for rehearing. Pending

Appendix 2


No LEADER OFFICE YEAR RESULT

66 DANIEL KAKARAYA Managing Director, Mineral Resources Development Corporation Ltd

2003 Pending – Decision Judicial review in National Court pending

67 MARK WANI Auditor-General 2003 Guilty –Judicial Review on payment of entitlements successful.

68 RAHO HITOLO Ombudsman 2004 Tribunal disbanded due to lack of jurisdiction. Matter pending

69 MARK SEVUA Judge of the National Court and Supreme Court

2004 Pending

70 PETER IPATAS

MP, Governor of Enga Province 2004 Guilty of 16 out of 23 allegations. Fine of K1000 for each allegation. Public Prosecutor has filed application seeking leave for judicial review: pending

71 GALLUS YUMBUI MP, member for Wosera-Gawi Open 2004 Tribunal decision pending. Recommended for dismissal as at 2 March 2007.

72 CHARLIE BENJAMIN MP, member for Manus Open 2005 Guilty of 19 allegations. Recommended for dismissal as at 15 January 2007.

73 GABRIEL KAPRIS MP, Minister for Works 2005 Guilty of 2 out of 2 allegations and fined K2,000

74 ANO PALA ISO Clerk of the National Parliament 2005 Term expired and not reappointed. Pending

75 PUKA TEMU MP, Minister for Lands & Physical Plan-ning

2005 Guilty of 4 out of 6 allegations. Fine of K1000 each.

76 JAMES YALI MP, Governor of Madang Province 2005 Pending. Mr Yali was dealt with by the National Court Criminal Jurisdiction and convicted on 13/12/05 on rape and sexual assault. On 19/01/06 was sentenced to serve 12 years imprison-ment with hard labour.

77 ANDREW BAING MP, Deputy Leader of the Opposition 2005 Guilty of 3 out of 5 allegations – recommended for dismissal as at 20 December 2006.

78 CHRIS HAIVETA MP, Governor of Gulf Province 2006 Pending.

79 GUAO ZURENUOC MP, member for Finchaffen Open 2006 Pending

80 ARTHUR SOMARE MP, minister for Planning & Monitoring 2006 Pending

81 MELCHIOR PEP MP, Minister for Health 2006 Pending

82 SIR MOI AVEI MP, Deputy Prime Minister and Minister for Mining

2006 Presently before a Leadership Tribunal.

83 JOHN MUINGNEPE MP, member for Bulolo Open 2006 Pending

84 FRED MALIUPA MPA, member of Madang Provincial Assembly and President, Usino Local-level Government

2006 Pending

85 HAMI YAWARI MP, Governor of Southern Highlands Province

2006 Pending

86 CHARLES PUNAHA Chief Executive Officer, Papua New Guinea Radio communications and Tele-communications Technical Authority (“PANGTEL”)

2006 Pending

87 JERRY TETAGA Chairman, Public Services Commission 2006 Pending

88 ROBINSON SIRAMBAT Provincial Administrator, New Ireland Province

2007 Pending. Term expired and not considered for appoint-ment

89 TOM TOMIAPE MP, member for Tari Open 2007 Lost office in election

90 SIR MICHAEL SOMARE Member, East Sepik Provincial, Member, East Sepik Provincial Assembly and Prime Minister

2008 Pending

Appendix 2


APPENDIX 3 Major Reports produced by the Commission under Section 22 of the Organic Law on the Ombudsman Commission as at December 2009.

Appendix 3


Date Published Name of Report February 1980 Report on the formal enquiry into the dispute between the Harbours Board and the wharf workers of Ra-

baul. June 1980 Air Niugini an interim report by the Ombudsman Commission

August 1981 Ombudsman Commission Final Report on the Kerevat National High School Enquiry

February 1982 Report on the investigation into allegations against the former acting Vice Chancellor of UPNG Mr Nicholas Kuman

November 1982 Corruption in Government

February 1983 Formal enquiry into the cause of student unrest at the University of Papua New Guinea.

May 1985 Report by the Ombudsman Commission on street vending and associated problems arising as a result of formal enquiry into the complaint by street vendors against the NCD interim Commission.

February 1986 Report upon an investigation into the treatment of Juvenile Offenders.

January 1988 Brief to the Government on the Ombudsman Commission

December 1989 Public Officers Superannuation Board Investigation January 1992 Investigation into the results of an investigation into the dismissal of an officer of the Papua New Guinea

Defence Force – Leo Nuia No. 455 of 1991. December 1992 Report of an investigation into the Spring Garden Road Poreporena Freeway Project.

June 1994 Report of an investigation into the Disciplined Forces Institutional Housing Project.

November 1994 Investigation into the termination of Dr AG Pillay, a senior lecturer in Anatomy, University of Papua New Guinea.

June 1995 Report of an Investigation into the Appointment of the Director and a member of the Legal Training Insti-tute – Final Report

May 1996 Investigation into Mrs Mary Parker’s Complaint Against the Public Curator

October 1996 Investigation into alleged unfair decision in varying contract gratuity amounts due to non citizen contract officers by the acting chief Executive and General Manager – Papua New Guinea Electricity Commis-sion.

October 1996 Investigation into Awarding of Contracts for Upgrading of the Port Moresby Water Supply Project.

June 1997 Investigation into Alleged Improper Transfer of Title Relating to State Lease Volume 30 Folio 7280 Sec-tion 238 Allotment 10 Hohola on a complaint made by Papua New Guinea Banking Corporation – Final Report

August 1997 Investigation into Alleged Improper Leasing of Properties by the National Housing Corporation from Neisenel No. 77 Pty Ltd

August 1997 Investigation into Issue of A Permit to Turama Forest Industries Pty Ltd by the Forest Authority

November 1997 Preliminary Report on Complaint made by Ms Grace Ochero against the University of Papua New Guinea Relating to ERSA and Gratuity

March 1998 Report of an investigation into the illegal occupation of state leases in Bereina town Central Province CF: 198/94

November 1998 Preliminary Investigation Report of an Allegation of unfair decision to award multi-million Ramu High-way Upgrading and Sealing contract to Downer Construction By NEC

November 1999 Investigation into the Purchase of the Conservatory Cairns by Public Officers Superannuation Fund Board and associates transactions and arrangements.

November 1999 Investigation into the lease and proposed purchase of Malagan House, 99 Creek Street, Brisbane by the Independent State of Papua New Guinea.

July 2002 Investigation into the decision of the National Forest Board to award the Kamula Doso FMA to Wawoi Guavi Timber company (a subsidiary of Rimbunan Hijau) as an extension to Wawoi Guavi Timber Re-source Permit – Final Report

July 2006 Investigation into Administrative Practice – Payment of public funds to officers for sick leave by a Gov-ernment Department.

September 2009 Investigation Report into the Appointment and Conduct of Hamish Sharp in the National Maritime Safety Authority Board

2009 Investigation Report into the Julian Moti Affair

2009 Investigation report into the Alleged Unlawful Entry and Abuse of Human rights by Police, Three Mile Guest House, Port Moresby, National Capital District

Appendix 3


No ORGANISATION DATE JOINED

1 Dept. of Education June 2002

2 Teaching Services Commission June 2002

3 RPNG Constabulary June 2002

4 PNG Defence Force June 2002 5 Dept. of Correctional Service June 2002

6 Bomana Metropolitan Jail June 2002

7 National Housing Corporation December 2002

8 Dept. of Lands & Physical Planning January 2003

9 Dept. of Personnel Management March 2003

10 Dept. of Foreign Affairs April 2003

11 Dept. of Works June 2003

12 Simbu Provincial Administration June 2003

13 Electoral Commission July 2003

14 Magisterial Service HQ July 2003

15 Post PNG Limited July 2003

16 Central Provincial Administration August 2003

17 National Capital District Commission November 2003

18 Enga Provincial Administration December 2003

19 PNG Forest Authority April 2004

20 Southern Highlands Provincial Administration June 2004

21 East Sepik Provincial Administration August 2004

22 Sandaun Provincial Administration September 2004

23 Oro Provincial Administration September 2004

24 Western Highlands Provincial Administration November 2004

25 Manus Provincial Administration December 2004

26 Madang Provincial Administration March 2005

27 Western Provincial Administration March 2005

28 ENBP Provincial Administration March 2005

29 Eastern Highlands Provincial Administration August 2005

30 Autonomous Region of Bougainville Government October 2005

31 National Broadcasting Corporation December 2005

32 Gulf Provincial Administration February 2006

33 Milne Bay Administration March 2006

34 Office of Workers Compensation May 2006

35 Judicial Services September 2006

36 Dept of Trade & Industry September 2006

37 Office of the Clerk – National Parliament September 2006

38 Dept. of Agriculture & Livestock September 2006

39 Office of the Prime Minister &National Executive Council September 2006

40 West New Britain Provincial Administration September 2006

41 Dept. of Finance September 2006

42 National Intelligence Office September 2006

43 Office of Rural Development March 2007

44 Department of Health October 2008

45 Morobe Provincial Government 2009

APPENDIX 4 LIST OF GOVERNMENTAL BODIES WHO ARE CURRENTLY UNDER THE OMBUDSMAN COMMISSION’S GOVERNMENTAL BODIES LIAISON PROGRAM.

Appendix 4


APPENDIX 5 Former members of the Commission

Frank Hedges Ombudsman

8.12.75 – 4.1.78

Andrew Opu Maino OBE Ombudsman

17.12.75 – 28.2.82

Keith E. Anderson Ombudsman

19.11.80 – 10.12.84

Jean L Kekedo OBE Ombudsman

1.3.82 – 8.10.86

Ango Wangatau Ombudsman

23.6.86 – 31.12.92

Jim Ridges Ombudsman

10.10.86 – 20.12.92

Ninchib Tetang Ombudsman 5.1.93 – 4.1.99

Simon Pentanu Chief Ombudsman 01.01.95 – 31.12.00

Raho Hitolo, MBE Ombudsman

06.01.99 – 05.01.05

Joe N. Waugla Ombudsman

20.12.92—19.12.98

Sir Charles Maino Chief Ombudsman

5.1.85—31.12.94

Sir Ignatius Kilage CBE Chief Ombudsman

4.12.75—4.1.85

Sunny Cherian Ombudsman

6.10.78—25.1.79

Peter Masi Ombudsman

23.05.01 - 03.05.07

Appendix 5


Ila Geno Chief Ombudsman 01.01.01— 01.07.08

Ombudsman 21.12.98

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