Category Archive Office of the Legislative Counsel

Who is the First Legislative Counsel and what are his responsibilities? Is he responsible for drafting legislations in Papua New Guinea? The relevant law that established the office responsible for legislative drafting and sets out the functions of that office 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 and he is the Departmental Head in so far as the Public Service (Management) Act 1995 is concerned. The members of the Legislative Drafting Service comprised of the First, Second and Third 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.

Qualification for Legislative Counsel

To be appointed as a Legislative Counsel, there are certain qualifications that you must meet. You must meet any of the following qualifications to be eligible for appointment:

1. You must be a barrister or solicitor of the Supreme Court and the National Court of Papua New Guinea for not less than five years.
2. You must be a barrister or solicitor of the Supreme Court of a State or Territory of Australia, the Supreme Court of Judicature of England or the Supreme Court of New Zealand for not less than five years.
3. You must be called to the Bar of one of the Inns of Court in London for not less than five years.

Qualification for Assistant Legislative Counsel

To be appointed as an Assistant Legislative Counsel, there are certain qualifications that you must meet. You must meet any of the following qualifications to be eligible for appointment:

1. You must be a barrister or solicitor of the Supreme Court and the National Court of Papua New Guinea.
2. You must be a barrister or solicitor of the Supreme Court of a State or Territory of Australia, the Supreme Court of Judicature of England or the Supreme Court of New Zealand.
3. You must be called to the Bar of one of the Inns of Court in London.

There is no time requirements attached to this as in the case of the appointment of a legislative counsel.

Special functions of the First Legislative Counsel

Apart from the general functions of the Office of the Legislative Counsel, he also has some special functions. These functions are set out below:

1. He is in charge and thus controls the Office of the Legislative Counsel.
2. Since he controls the office, he is administratively responsible to the Prime Minister for the efficient performance of the functions of the Office. Hence, he is subject to any directions of the Prime Minister as to priorities. He must, administratively allocate work in order or priority as directed by the Prime Minister.
3. He devises and implements the adoption of uniform and simplified styles, form, wording, and procedures in drafting instruments for which the Office is responsible, and generally for the purposes of the written law. He does that with consultations with other appropriate authorities.
4. He may also give instructions to other appropriate authorities to devise and implement the adoption of uniform and simplified styles, form, wording, and procedures in drafting instruments.
5. He is required to promote legislative drafting as a career. Thus, he can consult and co-operate with the University of Papua New Guinea and other appropriate professional and academic bodies.
6. He is required to improve the art of legislative drafting. Thus, he can consult and co-operate with the University of Papua New Guinea and other appropriate professional and academic bodies.
7. He is also responsible to liaise with the University of Papua New Guinea and other appropriate professional and academic bodies to improve of the art of legislative drafting.

Apart from the functions set out above, he also has such other functions, duties and responsibilities as the Prime Minister directs where necessary.

Special responsibilities of the Legislative Counsel

Each Legislative Counsel has a special responsibility to draw the attention of the Prime Minister to any case that comes to his attention in which, in his opinion, any instructions for the drafting of an instrument, a proposed law or a proposed amendment to a proposed law:

1. departs from any instructions given by the Prime Minister or by other competent authority.
2. is contrary to the canons of good legislation.
3. makes an unusual or unexpected use of any power conferred.
4. is ultra vires.
5. otherwise ought to be specifically referred to the Prime Minister.

Once a Legislative Counsel brings this to the attention of the Prime Minister, the Prime will then consider it and issue directions to him. Whatever, decision that the Prime Minister makes, the Office of the Legislative Counsel is obliged to comply with it.

In conclusion, the legislative counsel is responsible for drafting law and ensuring that these drafts are in compliance with the directions given by the Prime Minister and the appropriate authorities and these laws are not contrary to the existing laws.