Office of the Legislative Counsel

What law established the Office of the Legislative Counsel? What are the functions of the Office of the Legislative Counsel? The relevant law that established the Office of the Legislative Counsel is the Legislative Drafting Service Act (Chapter 80). We refer to this Act as the Act in this article.

Legislative Drafting Service

The Act establishes the Legislative Drafting Service. The First Legislative Counsel is the head of the Legislative Drafting Service. The members of the Legislative Drafting Service comprised of the following persons:

1. First Legislative Counsel.
2. Second Legislative Counsel.
3. Assistant Legislative Counsel.

There is can only be one person who is appointed as the First Legislative Counsel. However, there can be more than one person holding the position and office for the Second Legislative Counsel and the Assistant Legislative Counsel. The Prime Minister of Papua New Guinea may determine the number of persons who can fill these two (2) positions. The National Executive Council advises the Head of State to appoint members of the Legislative Drafting Service. This is done for each member, respectively.

Office of the Legislative Counsel

The Act establishes the Office of the Legislative Counsel. The Office of the Legislative Counsel consists of the following persons:

1. The members of the Legislative Drafting Services.
2. All employees of the Office of the Legislative Counsel. These staff are employees of the public service.

The Office of the Legislative Counsel can employ staff under contract or otherwise depending on its needs at the relevant time. It is given the power to recruit and employ staff as necessary.

Functions of the Office of the Legislative Counsel

The office of the Legislative Counsel has a lot of functions. These functions are set out as follows:

1. Drafting of proposed laws for introduction into the Parliament. For example, the Office can draft a bill relating to cybersecurity and introduce it into Parliament for passing.
2. Drafting of amendments of proposed laws that are being considered by the Parliament. For example, the Office can draft a bill for amendment of the Income Tax Act.
3. Drafting of subordinate legislation. For example, the Office can draft a bill for a provincial government to enact.
4. Drafting of other instruments that are to have or be given the force of law or are otherwise related to legislation. For example, draft an instrument for appointment.
5. Making of arrangements for the printing of the laws, including the reprinting of any laws with amendments and the periodical or other consolidation of any such laws. For example, the annotated Constitution of the Independent State of Papua New Guinea. In State v Tongayu [2021] PGNC 69; N8810, it was alleged that the Office of the Legislative Counsel prepared two instruments appointing the accused as the Chairman of the Securities Commission and as the Registrar of Companies. However, the Office gave evidence to the contrary. As a matter of course and practice, the Office prepares such appointing instructions. Thereafter, the Office forwards the same to the relevant appointing authority to execute it before it is published in the National Gazette by the Government Printer.
6. Such other functions as are prescribed by or under any other law or as are directed by the Prime Minister. The Prime Minister is given the power to direct the Office to carry out other functions as and when necessary.

Apart from all these functions listed above, the Office of the Legislative Counsel also has functions that are incidental to any of those functions listed above. In conclusion, the Office of the Legislative Counsel is responsible for drafting the laws of Papua New Guinea to be tabled in Parliament.