What is a commission of inquiry?
In Papua New Guinea, a Commission of Inquiry is a commission that is appointed by a Minister. The Minister execrise his powers under the Commissions of Inquiry Act (the Act) to appoint the Commission. The Commission conducts an inquiry in such matters which the minister thinks that it concerns public welfare.
“It is clear however, that a Commission of Inquiry is a public authority established under a national legislation performing a public task under its given terms of reference. But its task is restricted to collating evidence in relation to the matters that it is tasked to inquire into and make findings of the relevant facts and make recommendations. It does not have the power to make a decision that immediately affects the rights and interest of persons that might be covered in its finds and or recommendation. Such obligations are left to the relevant authorities that do have the power to make the decisions.”
Justice Kandakasi, as he then was, in Bank of Papua New Guinea v Marshall Cooke QC [2003] PGNC 127; N2369
Who appoints a Commission?
A Minister. However, the Act does not specify which Minister will appoint a Commission. It leaves it open. This is because of the purpose for which a Commission may be appointed for. If a legislation mentions a minister but does not specify which minister, this mean that the Minister would be the minister who has responsibility for that provision, matter, or thing. If there is no such minister, then it would be the Prime Minister.
What is the purpose of a Commission?
A minister may appoint a Commission to conduct an inquiry into any matter which the minister thinks is for public welfare. There are many instances where a Commission of Inquiry was appointed to inquire into matters that concerned the welfare of the public.
How does a minister appoint a commission?
A minister shall appoint a commission by instrument. The instrument shall set specify the subject of the inquiry. Furthermore, the instrument must be accompanied by a statement of the case on which the Minister ordered the inquiry. In addition to these two, the instrument can also:
- direct where and when the report shall be made. and
- direct where and when the inquiry shall be made.
- set out the name of the commissioner.
If the Commission will be made by two or more commissioners, then the instrument must clearly set out the names of the commissioners and appoint one of them as the Chairman of the commission. Since there are more than one commissioner, the instrument must fox a quorum for meeting of the commission.
Is the inquiry closed to the public?
No, it is not. The commission will hold the inquiry in public. However, the Commission has the power to exclude any person or persons to preserve order and the due conduct of the inquiry. Another circumstance where part of the inquiry will not be made in the public is when the commission order that all evidence before it be given in private. However, this must be done with the approval of the minister.
Furthermore, the Commission may direct that any evidence that is given before it must not be publish. This includes any document, book or writing that is produced before the Commission. If a person published it without the consent of the Commission or the minister, he is guilty of an offence.
What happens to the findings of the Commission?
Once the Commission concludes its inquiry, it will make a report of its proceeding. The Commission will send the results of its inquiry to the Minster. The Commission shall record the reasons for its conclusions. In cases where a Commission consist of more than one commissioner and if a commissioner dissents from the conclusion, he must give his reasons for the dissent.
The Minister will then lay the report before the Parliament. He must do that no later than the first day of the second meeting of the Parliament after he receives the report from the Commission. However, this is subject to the minister’s opinion on whether the tabling of the report in Parliament is contrary to public interest.
What happens after the findings of the Commission?
The Act charges the Commission only to make inquiries into a matter and make findings on it. It does not have the power to act on those findings to make findings that will affect the right of a person. Instead, that duty is upon the relevant authorities to relay on the report, its findings and act on it.
Are the findings of the Commission subject to appeal or review?
The short answer is no. The Act gives a Commission powers. Hence, a Commission has privileges and protections similar to that of a judge of the National Court. However, there is no provision in the Act which gives a party the right of appeal or review against any finding of a Commission.
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