OMBUDSMAN COMMISSION OF PAPUA NEW GUINEA
Annual Report 2012
Independent State of Papua New Guinea
TELEPHONE: (675) 308 2600 PO Box 1831 FACSIMILE : (675) 320 3263 PORT MORESBY 121 NCD EMAIL: [email protected] Papua New Guinea
DATE: 10/10/2014 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 presentation 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 2012 Annual Report. It covers the period 1 January 2012 to 31 December 2012 and includes the Commission’s 2012 Audited Financial Report.
I advise that at the finalisation of this Report, Chief Ombudsman Chronox Manek LLB, LLM, OL and Ombudsman John Nero BAC, MBA have passed away hence the omission of their signatures.
Yours sincerely,
Rigo A. Lua; OBE Phoebe Sangetari; LLB, LLM CHIEF OMBUDSMAN OMBUDSMAN
Section 220 of the Constitution is quoted here in full.
* 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 Commission 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.
Ombudsman Commission of
Papua New Guinea
ANNUAL REPORT 2012
For the period
1 January 2012 to 31 December 2012
2012 Annual Report
Table of Contents 1. Executive Summary ...... 2 2. Vision, Mission & Goal ...... 5 2.1 VISION ...... 5 2.2 MISSION ...... 5 2.3 VALUES ...... 5 2.4 KEY RESULT AREAS ...... 5 2.5 STRATEGIC GOALS...... 5 3. Progress against Key Result Areas ...... 6 3.1 KRA 1- ACCESSIBILITY & SERVICE DELIVERY ...... 6 3.2 KRA 2: LEADERSHIP CODE COMPLIANCE AND ADMINISTRATIVE INVESTIGATIONS ………………….………………………………………………………………………………..13 3.3 KRA 3: CONSTITUTIONAL COMPLIANCE, LITIGATION AND LEGISLATIVE REFORM ……….…………………………………………………………………………………………..21 3.4 KRA 4: CORPORATE CAPACITY DEVELOPMENT AND GOVERNANCE ...... 23 4. Financial Audited Report ...... 28 5. Organisational Structure ...... 40 6. Appendices ...... 41 7. Figures Figure 1…………………………………………………………………………………………...... 6 Figure 2…………………………………………………………………………………………...... 6 Figure 3…………………………………………………………………………………………...... 7 Figure 4…………………………………………………………………………………………...... 7 Figure 5…………………………………………………………………………………………...... 7 Figure 6…………………………………………………………………………………………...... 8 Figure 7…………………………………………………………………………………………...... 8 Figure 8…………………………………………………………………………………………...... 9 Figure 9…………………………………………………………………………………………...... 9 Figure 10..………………………………………………………………………………………....10 Figure 11..………………………………………………………………………………………....10 Figure 12..………………………………………………………………………………………....11 Figure 13..………………………………………………………………………………………....14 Figure 14…………………………………………………………………………………………..14 Figure 15…………………………………………………………………………………………..15 Figure 16…………………………………………………………………………………………..15 Figure 17…………………………………………………………………………………………..23 Figure 18…………………………………………………………………………………………..24 Figure 19…………………………………………………………………………………………..24 Figure 20…………………………………………………………………………………………..25 Figure 21…………………………………………………………………………………………..26 Figure 22…………………………………………………………………………………………..27
Table of Contents Page I
2012 Annual Report
1. Executive Summary The Commission for this reporting period is late Chief Ombudsman Chronox Manek, Ombudsman John Nero and Ombudsman Phoebe Sangetari.
We pay tribute to late Chief Ombudsman Manek for his service to the Commission and the people of Papua New Guinea in his distinguished career. He held constitutional offices including Public Solicitor, Public Prosecutor and Chief Ombudsman of PNG until his passing. During the course of his career, late Manek was appointed to a number of organisations both in-country and abroad notably Co-Chairman of the International Association of Prosecutors World Conference in Copenhagen, Denmark; and Director International Ombudsman Institute, to name a few. Late Manek was into his 5th year of his term when he succumbed to illness on 1 October 2012. He was the first serving Chief Ombudsman to pass away while serving his term in office.
Ombudsman Nero was reappointed for another term in office after his first term expired this year. Before joining the Commission as a Senior Investigator and later worked his way up to an Ombudsman, he served as a Finance Inspector with the Department of Finance and Planning.
Ombudsman Sangetari is the second female Ombudsman after Jean Kekedo in the history of PNG and has served in the Public Service for more than twenty (20) years, having worked with the Departments of Environment & Conservation and Personnel Management to name a few. Following the death of late Chief Ombudsman Manek, Ombudsman Sangetari was appointed Acting Chief Ombudsman making her the first female Ombudsman to have gone as far as the Acting Chief Ombudsman.
An acting appointment was made for the Ombudsman position however; it was disputed hence affected Commission meetings. This saw an increase in the backlog of case files pending Commission’s decisions.
Filling of vacant positions carried over from previous years and those created by officers leaving or appointed to higher positions in the establishment continue to be a challenge to the Commission. There are setbacks in the Commission’s drive to attract suitably qualified people due to its inability to match and compete in the external labour market.
These were some of the major challenges that the Commission encountered in 2012;
. The National Government appropriation for 2012 financial year was less than the requested amount hence most of the planned activities/programs/projects were not fully carried out. Budget constraint is one of the areas that affects the role of the Commission in achieving some of its strategic objectives and/or plans.
. Staff Performance is one area that is really depended on the Staff Terms & Conditions (T&C) of employment. The Commission through its technical team with the consultant (Merit Enterprise) reviewed the T&C for the staff and finalised the report for endorsement and/or implementation however the lack of quorum due to delay in the Ombudsman Appointments Committee (AOC) in appointing a Chief Ombudsman has caused a lot of challenges for the management in maintaining the staff strength whilst ensuring the T&C is implemented on time.
. The passing of late Chief Ombudsman Chronox Manek, followed by Counsel Gregory Emilio in 2012 has posed a lot of challenges to the decision making and workflow of the
Executive Summary Page 2 2012 Annual Report
Commission all year round. The slow process of the appointment of a new Chief Ombudsman by OAC and the delay in internal appointments of Counsel and acting Secretary due to lack of quorum or issues relating to appointment have greatly affected the decision making process.
. The Commission carried out a countrywide awareness prior to the National Elections this year. This was one of the major challenges especially when educating the public to make informed decisions when electing leaders in the National General Election.
. The Commission has been passive on issues of national interest this year as a result of ill health and passing of the late Chief Ombudsman Manek, late Counsel Emilio and issues relating to acting appointments to fill these strategic positions. The internal issues had a great impact on the level of contribution and approach by the Commission to the People of Papua New Guinea in addressing issues of national interest.
Despite the countless difficulties faced, the Commission managed to deliver its planned activities.
In its endeavour to educate the public and stakeholders on its roles and functions, the Commission visited mainly tertiary institutions around the country with the perception that students are the future leaders of this nation and that they need to be equipped with good qualities of leadership. The Public Education Program reached more than 10,000 people through public awareness activities and close to a million through radio.
Prior the 2012 National Elections, the Commission conducted an extensive awareness exercise throughout the country. The awareness exercise was aimed at educating eligible voters of good leadership qualities in order to make the best choice when they cast their votes. The people were informed that they had the right to exercise their power through the ballot box and that they can bring change through their votes. It was emphasised that the people have the power to choose a leader and their future is determined by the kind of leader they elect.
Also before the National Elections, Ombudsman Commission issued a Direction to all Members of Parliament and their respective Joint Provincial Planning and Budget Priorities Committee; Ministers for Treasury; Finance; and National Planning And Monitoring; Rural Development and Implementation as well as their Departmental Heads, all Provincial and District Administrators; the Governor of Bank of PNG; and all Heads of Commercial Banks to ensure that public funds allocated under the electoral and discretionary funds and the District Services Improvement Program not be released, disbursed, transferred and/or received unless and until there is proper compliance with the guidelines issued pursuant to Section 95A and Section 95B of the Organic Law on Provincial Governments and Local-level Government (Organic Law) and any relevant Financial Instructions issued pursuant to Section 117 of the Public Finances (Management) Act 1995 or any relevant Financial Instruction and the relevant guidelines that relate to each of the respective programs.
The Direction was lifted on 17 August 2012 but the Department of Rural Development and Implementation was directed to ensure that new Members of Parliament summon acquittals from the respective District or Provincial Administrators before releasing the funds.
With the Commission’s role to supervise and enforce the Leadership Code under Section 26 of the Constitution, three leaders who have been referred by the Commission to the Public Prosecutor for misconduct in 2011 and carried forward have been dealt with in 2012. The cases were completed with Leadership Tribunals dismissing one leader from office whilst two were fined. A fresh case was referred
Executive Summary Page 3 2012 Annual Report
by the Commission to the Public Prosecutor who further referred the matter to the Ombudsman Appointing Committee in 2012. The leader took the matter to Court and is still pending.
Apart from the traditional role of the Commission to investigate complaints against government bodies and leaders specified under Section 26 of the Constitution, the Commission oversees the work of the Royal Papua New Guinea Constabulary. This year the Commission successfully investigated three cases of which one police officer was dismissed from office and sentenced to two years imprisonment while the other one was sentenced to four years. The third officer was charged administratively which could amount to dismissal when dealt with by the Disciplinary Unit.
Executive Summary Page 4 2012 Annual Report
2. Vision, Mission & Goal
2.1 VISION Fair, just and effective leadership and good governance in Papua New Guinea
2.2 MISSION Promote and foster good governance, enforce compliance with the Leadership Code and Strengthen the respect for Rule of Law in accordance with Section 218 of the Constitution.
2.3 VALUES o Impartiality
o Integrity
o Independence
o Accountability
o Responsiveness
o Respect
2.4 KEY RESULT AREAS The Ombudsman Commission in its 2011-2015 Strategic Plan has four (4) Key Result Areas (KRA). Each KRA has its own Strategic Goal with several Strategies for implementation and Key Performance Indicators to measure the performance. These KRAs are;
i. Accessibility and Service Delivery ii. Leadership Code Compliance and Administrative Investigations iii. Constitutional Compliance, Litigation and Legislative Reform iv. Corporate Capacity Development and Governance
2.5 STRATEGIC GOALS o To increase awareness and accessibility through an effective Public Education Program (PEP) and partnerships with key stakeholders at provincial & district levels /To improve OC service delivery to enable easy access by the citizens through partnership with key stakeholders and address emerging issues
o To achieve an increase in the timely publication of Administrative Investigation Reports and referral of Leaders to Office of Public Prosecutor
o To propose law reform, attend to litigation & legal advices, and bring references to the Supreme Court ensuring compliance to the Constitution (S218)
o To create an organization that is dynamic, adaptable, appropriately structured, has a healthy safe working environment, a happy high-performing workforce, and resources, facilities and Information Technology aligned to meet core business needs and GoPNG corporate governance requirements
Vision, Mission and Goal Page 5 2012 Annual Report
3. Progress against Key Result Areas
3.1 KRA 1- ACCESSIBILITY & SERVICE DELIVERY
3.1.1 Complaints Intake & Screening Complaints received by the Commission are processed in the Intake & Screening Unit (ISU) where complaint assessment is done. After assessment, the complaints are escalated to either CAID or Leadership Division for further assessment or declined. Complaints are declined on the basis that they are not within the Commission’s jurisdiction and due to other reasons specified under Section 16(3) of the Organic Law on the Ombudsman Commission however; the Commission also provides advice to complainants and refers them to the appropriate bodies to address their grievances. OC Regional Offices also receive and assess complaints at their respective offices.
In 2012, the Commission received a total of 1,186 complaints. Out of the 1,186 complaints received, 1,183 were assessed and closed and three (3) were outstanding by the end of the year. A total of 141 complaints was carried over from 2011 to 2012, all of which were from the Intake & Screening Unit. Figure 1 shows complaints received in the OC Head Office and its three Regional Offices.
25% Head Office 47% Mt Hagen
16% Lae 12% Kokopo
Figure 2 shows the complaints assessment status at ISU by the end of 2012.
Progress against Key Result Area 1 Page 6 2012 Annual Report
3.1.1.1 Complaint Summary for 2012 The following graphs show the different modes used to receive complaints, distribution of complaints by life cycle, complaints made against different institutions, administrative complaints outcome, different types of complainants, complaint issues, government agencies complained against, provinces with the highest number of complaints and complaints received by gender. Figure 3 shows the different modes used to receive complaints.
Figure 4 shows the distribution of complaints by life cycle.
Figure 5 shows the complaints made against different institutions/organisations.
Progress against Key Result Area 1 Page 7 2012 Annual Report
Figure 6 shows the outcome of some of the administrative complaints received and assessed.
Figure 7 shows the different types of complainants.
Progress against Key Result Area 1 Page 8 2012 Annual Report
Figure 8 shows the top 10 complaint issues.
Figure 9 shows the top 10 agencies complained against.
Progress against Key Result Area 1 Page 9 2012 Annual Report
Figure 10 shows the top 10 provinces with the highest number of complaints.
Figure 11 shows the complaints received by gender.
3.1.1.2 Public Education Program OCPNG continues to carry out its Public Education Program (PEP) to educate the general public of its roles and functions and the requirement of the Leadership Code. It does this through awareness programs, radio talk-back shows and by disseminating information through brochures and other reading materials to areas that it visits.
In 2012, a total of eight (8) PEP activities were carried out and an estimated total of about 11, 000 people were directly spoken to during the PEP activities. Nearly a million people were reached through radio and TV programs at the Provincial towns and Districts the awareness programs were conducted, throughout the country.
The above figures represent only about 0.1% of over seven (7) million people of PNG that OC reached with the limited funds and resources it has.
OC Regional Offices conduct PEP activities at their respective regions and try as much as possible to reach out to the remote areas in the region.
One other objective of the PEP is to bring awareness to people of all walks of life of the availability of the Commission’s services in ensuring good governance by government bodies and good leadership at the Ward, District, Provincial and National levels.
Progress against Key Result Area 1 Page 10 2012 Annual Report
Figure 12 shows PEP activities conducted in 2012. QTR ACTIVITY ESTIMATED NO. OF TOTAL PEOPLE REACHED 1 x TIPNG Anniversary 300 300 1 2 x Leadership Awareness (EHP, Gulf Province) 4000 4300 2 2 x Leadership Awareness (NIP, Simbu Province) 4000 8300 3 1 x TIPNG -YACA 300 8600 1 x PAU 500 9100 4 1 x MBP 1900 11000
3.1.1.3 Working with Stakeholders Through GBLP, OCPNG has engaged and worked with TIPNG ALAC and YACA programs respectively participating in their anti-corruption activities. TIPNG is acknowledged for giving OCPNG great support in distributing its brochures and Leadership booklet (pocket size) and complaint forms while conducting their campaigns on anti-corruption activities in schools and the wider community.
3.1.1.4 Working with Government Agencies There has been constant liaison and networking with Government Bodies to assist them with their internal handling complaint mechanisms and being accountable for the decisions they make which have adverse impact on the people.
In 2012, OCPNG focused on working with PNG Defence Force and Simbu Provincial Administration on their internal complaints handling processes.
PNGDF Memorandum of Agreement The Papua New Guinea Defence Force (PNGDF) has its own internal complaint handling mechanism called “Redress of Grievance” (ROG) process documented and included in its Manual of Personnel Administration and has been in operation for over the years since its inception after the Independence. However, the PNGDF ROG process has not been effective as it should in addressing complaints from its officers and members. Consequently high numbers of complaints have been received by the Commission against PNGDF from ex-servicemen whose grievances were not addressed by the time they exited from the Force. The Commission through its Government Bodies Liaison Program (GBLP) worked with PNGDF to assist with its ROG process to be more effective in redressing the grievances of its officers and members. And also restore trust and confidence in the process of handling their grievances. The revised ROG was signed by PNGDF Commander Francis Agwi in 2011 and the work commenced immediately on the Memorandum of Agreement (MOA) to strengthen the implementation of the revised ROG process and oversight role of the Commission in investigating complaints against the PNGDF.
The MOA was ready for signing and launching this year but deferred to early 2013 due to the death of the late Chief Ombudsman Chronox Manek.
Simbu Public Complaints Office After much consultation and dialogue with the internal stakeholders, Simbu Administration Public Complaints Office (PCO) was established in 2010 under the office of the Provincial Administrator within the National Extended Functions office.
The involvement of the PCO is to address the administrative complaints lodged against Simbu Administration by the public. The aim of the office is to be responsive in attending to complaints and finding solution to them at that level rather than being lodged at the Ombudsman Commission.
This would shorten the process of waiting for responses that normally takes longer when lodged with the Commission as it refers them back to Simbu PA under its Investigation process. This would also enable the Administration to enhance its performance in providing services to the public servants and the people of
Progress against Key Result Area 1 Page 11 2012 Annual Report
Simbu in the Province. The PCO is resourced by the Simbu Administration including staffing, office space, office equipment and materials.
Work on developing a Policy Guideline for the management of complaints was commenced immediately to enable effective implementation of the complaints handling and operation of the PCO. The consultative process on the policy with internal and external stakeholders was completed in 2012. The presentation of the Policy Guideline to the Provincial Management Team for its endorsement was deferred to early 2013 due to the Administrations role in the 2012 National Elections.
Progress against Key Result Area 1 Page 12 2012 Annual Report
3.2 KRA 2: LEADERSHIP CODE COMPLIANCE AND ADMINISTRATIVE INVESTIGATIONS
3.2.1 Leadership Code Overview The Leadership Code is a Code of Ethics that leaders specified under Section 26 of the Constitution, are expected to know and follow. It was set up by the Constitution under Division III.2. The Ombudsman Commission has been given the authority by the Constitution and the Organic Law on the Duties and Responsibilities of Leadership to supervise and enforce the Leadership Code.
3.2.1.1 Leadership Division Operational Matters The Ombudsman Commission continues to monitor the Division’s performance closely during the year so that accurate and realistic performance indicators can be established.
On the basis of the Leadership Division’s output in 2011, a number of performance indicators were set as targets for the Division to work towards in 2012.
The country has 7,861 leaders who fall under the jurisdiction of the Commission. This includes both the elected and appointed leaders. Out of that number of leaders, the Commission manages 337 leaders’ files in relation to submission of annual statements, responses to letters seeking advice, clearances and exemptions.
3.2.1.2 Summary of investigations carried out in 2012 Reports on 283 leaders were expected to be prepared and forwarded to the Office of Counsel with a view to having them issued with rights to be heard and, if necessary, referred to the Public Prosecutor for the attention of a Leadership Tribunal.
However, only 149 leadership investigations were completed. Most of them were closure reports and amalgamations, whereas two (2) investigations were completed to the stage that the Commission’s Office of Counsel had been asked to provide advice and/or prepare appropriate referral documents
The Leadership Division was to prioritise 283 leadership files for investigation by the three investigation Units.
The three investigation units received a total of 110 new cases in 2012 in addition to 173 cases that were carried over from 2011. Hence, there were 110 leaders’ files assessed for potential issues. From the total open cases, 147 were closed, where 134 were closed at the preliminary stage and 13 at Full Investigation stage.
A further 151 leadership investigations were in progress at the end of the year which was to be carried forward to 2013.
All investigations conducted by the Commission under the Leadership Code fall into four main categories of allegations. These are: Abuse of Power, Misappropriation of Public Funds, Mismanagement and Moral complaints. In 2012, a total of 283 complaints were investigated. This figure is inclusive of 173 cases brought forward from 2011. Out of the four categories of allegations, Moral complaints had the highest number of complaints followed by misappropriation of public funds, abuse of power and mismanagement.
Progress against Key Result Area 2 Page 13 2012 Annual Report
Figure 13 Summary – Category of LEADERSHIP complaints under investigation
Abuse of Power
37% 40% Misappropriation of Public Funds Mismanagement
Moral Complaints 4% 19%
Out of 283 cases that were recorded and investigated by the Leadership Division in 2012, a total of 147 investigations were completed and closed. There were 13 full reports produced with 2 draft Right To Be Heards (RTBHs) progressed to the next level. 151 cases were carried over to 2013. Figure 14 Summary – Categories of LEADERS investigated
2% Overseas Mission Head 1% 1% 0% Members of Parliament
6% Members of Provincial Assembly 9% Constitutional Office Holders 1%
Members of LLG - Mayors and 8% other Leaders Departmental Heads
2% Provincial Administrators 70% Members of LLG
Statutory Authority Board Heads Other Category B Leaders
3.2.1.3 Annual Statements Section 4 of the Organic Law on the Duties and Responsibilities of Leadership states that a leader must submit his or her Annual Statement within three months after becoming a person to whom the Leadership Code applies. In an Annual Statement a leader is required by law to declare to the Ombudsman Commission his/her personal details, spouse, children below 18 years, assets, liabilities, income, accounts, business connections, business positions, business transactions and gifts depicting his/her true state of affairs within a 12 month period.
The Annual Statements Assessment Unit did not reach its target on Annual Statements assessments by the end of the year due to continued manpower shortages, lack of urgent recruitments and other issues
Progress against Key Result Area 2 Page 14 2012 Annual Report
affecting it. By the end of 2012 they had assessed only 13 Annual Statements out of 200 intended for the year.
Figure 15 shows Annual Statements issued and received from various categories of Leaders
Figure 16 shows the number of Annual Statements received from various categories of Leaders in 2012.
A total of 339 Annual Statements were issued to the leaders in 2012. Out of the 339 Annual Statements issued to the leaders, 290 were returned to the Commission within the three months required period of time for the Statements to be returned. Eight (8) were returned after the required three-month grace period. By 31 December 2012, 41 Annual Statements were still not received from the leaders for the year; these are Annual Statements that will be due in 2013. The late and non – submission of Annual Statement by leaders represents 14.5 percent of Statements which were supposed to be received in 2012, which is quite high compared to 2011 which was 7.4 percent. The increase in the rate of late and non-submission of Annual Statements by Leaders shows that the leaders may be treating the Annual Statements as a trivial matter and insignificant when these are really of equal importance as other breaches of the Leadership Code. Annual Statements submitted by the leaders speak volumes of themselves, their conduct and leadership and governance in terms of transparency, accountability and integrity.
The Commission’s experience with the Annual Statements in 2012 shows that many Leaders are not consulting the Commission in seeking assistance to complete their Annual Statements on time.
Progress against Key Result Area 2 Page 15 2012 Annual Report
3.2.1.4 Constitutional Directions The Leadership Division together with the Office of Counsel carried out a major task in enforcing Section 27(4) of the Constitution in issuing directions to freeze the District Treasury Operating accounts and the District Service Improvement Program accounts. Through this exercise, the Commission was able to safeguard an amount of K497, 812,092.28.
3.2.1.5 Other Leadership Activities 2012 National Elections Awareness The Leadership Division conducted an extensive National Election awareness throughout the country. The objective of the awareness was to educate the public that; They have the power They have the right to exercise that power through the ballot box They can bring about change They must blame themselves for their leader’s performance. Their future for the next 5 years is determined by what type of leader they elect. Kind of leadership qualities they can look for in candidates before casting their votes
The 2012 National Elections had a leadership turnover of about 60%, though there was no independent evaluation conducted to establish the success of the awareness it is assumed that the awareness in one way or the other had an impact on the high turnover of leadership at the national level. Local Level Governments Leadership Capacity Building Capacity building for leadership at 3rd tier governments is conducted annually as a proactive approach by the Leadership Division. Often trainings or workshops are conducted across identified LLGs by the Ombudsman Commission alone or in partnership with key government Departments and agencies such as the Department of Implementation and Rural Development, Department of Provincial and LLG Affairs, Office of Vision 2050, Department of Finance, Department of Treasury, Provincial and District Administrations, National Economic Fiscal Commission, etc.
This year the Leadership Division conducted five (5) training workshop out of the eight (8) workshops intended or planned.
3.2.2 Traditional Role of the Ombudsman Commission – Administrative Investigations The Ombudsman Commission is an institution that is required to provide a quick, flexible means of redress for aggrieved citizens affected by a form of administrative injustice.
In its traditional Ombudsman role therefore, the 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 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.
Progress against Key Result Area 2 Page 16 2012 Annual Report
3.2.2.1 Investigating wrong conduct The Ombudsman’s traditional function allows the Commission 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 Commission. This Organic Law is also used for a discriminatory practices investigation.
3.2.2.2 Complaints The Organic Law on the Ombudsman Commission provides that any person can make a complaint about any matter within the jurisdiction of the Commission. The Commission is obliged to consider every complaint it receives and has the discretion whether to investigate a complaint or not.
3.2.2.3 Own initiative investigations Section 219(1)(a)(ii) and (c) of the Constitution empowers the Ombudsman Commission to conduct investigations on its own initiative, 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 considerable degree of independence on the Commission.
The 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 Commission has a clear conceptional basis in the Constitution.
3.2.2.4 Investigations conducted during the year A total of 180 new administrative investigation cases were opened during the year 2012. In addition we had 123 cases which were carried over from 2011. There was a total case load of 303 cases. A total of 146 investigations were completed which included some of the carry over cases from 2011. A total of 157 cases were carried over to 2013.
3.2.2.5 Administrative Investigation Case Summaries
These are some of the complaint cases Ombudsman Commission received in 2012 and were dealt with under OLOC.
1. Complaint against NCDC This was a complaint alleging delay by NCDC in responding to the complainant’s letter of appeal to the NCDC Staff Appeals Tribunal following termination of his employment contract.
The Commission commenced an investigation and found that the complainant had accepted his final termination entitlements from NCDC before lodging his appeal. The investigation further found that the NCDC Staff Disciplinary Code allowed appeals against termination to be lodged two (2) days after receipt of
Notice of Termination. The complainant had lodged his appeal two (2) months after being terminated.
The investigation was discontinued based on those findings.
Progress against Key Result Area 2 Page 17 2012 Annual Report
2. Complaint against Wewak General Hospital This was a complaint alleging delay by the Wewak General Hospital Administration to upgrade the complainant’s salary level after being promoted in 2009. The Commission received the complaint in April
2011 and commenced a formal investigation to determine the reason for the delay. In March 2012, the
General Hospital advised the Commission that the complainant’s salary had been upgraded and back paid
retrospective to the effective date of her promotion.
3. Complaint against UPNG This was a complaint received in November 2011 from a student of the University of Papua New Guinea. She raised two allegations against the UPNG Administration being (1) unfair awarding of grades and (2) unreasonable delay in processing refund of accommodation fees. The Commission commenced a formal investigation in February 2012. The UPNG Administration responded and clarified that the awarding of grades was done correctly and further confirmed that complainant was owed accommodation refunds which would be processed and paid to her.
The Commission discontinued the investigation.
4. Complaint against MBPA This complaint was against the Milne Bay Provincial Administration (MBPA) Division of Education for alleged delayed payment of salaries.
The complainant was a former community school teacher and later got employed as a Provincial Examiner.
The Commission commenced investigation and found that the delay in paying the salary was attributed to the change of his status from being a teacher as an employee of the Teaching Service Commission to a public servant with the Division of Education under Milne Bay Provincial Administration and consequently
necessary arrangements had to be made in consultation with the Department of Personnel Management.
The Commission was advised that the outstanding salaries had been paid and the case file was closed.
5. Complaint against Autonomous Bougainville Government
The complainant was a nurse at one of the Health Centres in Bougainville. She complained about her unpaid outstanding Higher Duty Allowance entitlements. Upon commencement of investigation the Bougainville Administration admitted the oversight and proceeded to calculate and paid her K15, 577.61
6. Complaint against East Sepik Provincial Administration This is a complaint of non payment of leave airfares for 2012. The matter was referred to East Sepik Provincial Administration to verify and pay the complainant. Leave airfares totalling K6, 000.00 was paid by the East Sepik Provincial Administration for her and her dependants to travel to her spouse’s home in Gulf.
Progress against Key Result Area 2 Page 18 2012 Annual Report
7. Complaint against ABG– Education A teacher in Bougainville complained about the non payment of outstanding salaries for the periods of
January to March 1996. When the Commission began its investigation the ABG Administration processed
and paid a total of K1, 076.00 to the complainant.
8. Complaint against Department of Education The complainant was a former public servant who complained about the unfair delay in completing and submitting to Nambawan Super Separation Advice or Exit Form by the Department of Education. Upon the Commission investigation the Department of Education submitted the relevant forms which NSL processed and paid to the complainant K132.899.75.
9. Casual employees of Department of Petroleum & Energy The complainant and 11 other Casual Employees complained against the Department of Petroleum & Energy regarding the alleged unreasonable delay in processing of outstanding 3 % CPI entitlements for years 2007 to 2010 as approved by the National Government in 2010. They alleged that the Department had not honoured
the Public Service Agreements 2007-2010 through determination No. 5 of 2007.
On commencement of investigations the Secretary for Department of Petroleum & Energy advised that the issue was settled after several face to face meetings with senior management. A total of K229, 796.40 was paid out to the 12 casual employees.
The complainants really appreciated the work of the Commission in resolving these issues to their satisfaction.
10. Complaint about Unreasonable delay in issuing of repatriation entitlements
The complaint was against the Department of Defence for failure to re-issue new repatriation airline tickets
from Manus to Mt Hagen.
The investigation found that the complainant’s entitlements were paid but only his repatriation tickets were not issued to him and family. Because the complainant opted to stay back in Manus Province as he is married to a woman from there, he therefore could not receive his repatriation tickets to travel to his home province. The Commission also found that he had signed the deed of release which he opted or decided to stay back in Manus.
Progress against Key Result Area 2 Page 19 2012 Annual Report
3.2.2.6 Police Oversight Case Summaries The Memorandum of Agreement signed between the Royal Papua New Guinea Constabulary and the Ombudsman Commission of Papua New Guinea has seen the two organisations working together to restore integrity, accountability and discipline to the Police Force through High Profile cases’ investigations. The three cases that have been successfully investigated under this arrangement in 2012 include:
1. Unlawfully Police Shooting The Madang Rapid Response Unit Commander was investigated for alleged unlawful shooting and causing
of grievous bodily harm to a high school student in Madang Province using a Police issued high powered fire
arm. He was found guilty by the National Court and sentenced to two years imprisonment. He was also
dismissed from the Police Force.
2. Unlawful Police Shooting and Assault
The Bogia Police Station Commander in Madang Province was investigated for alleged unlawful discharge of firearm causing serious bodily harm to two youths and assault of an elderly woman who was at the crime scene while under the influence of alcohol. The court found him guilty and sentenced him to four years imprisonment.
3. Corruption and Maladministration The Provincial Police Commander for Western Province was investigated for alleged corruption and maladministration. He was charged administratively with fourteen Serious Disciplinary Charges which could amount to dismissal when adjudicated by the Disciplinary Unit of the Royal Papua New Guinea Constabulary.
Progress against Key Result Area 2 Page 20 2012 Annual Report
3.3 KRA 3: CONSTITUTIONAL COMPLIANCE, LITIGATION AND LEGISLATIVE REFORM
The Commission’s Vision that is supported through its Mission Statement of promoting and fostering quality leadership and good governance and strengthening the respect for Rule of Law in accordance with Section 218 of the Constitution. It carries out its duties with impartiality with a view to maintain and preserve its independence and to ensure that it is not subject to improper influences in carrying out its functions. It is accountable to the Government and the people of Papua New Guinea for the way in which the Commission carries out its constitutional functions and is responsive to the needs and aspirations of the people of Papua New Guinea.
One of its four Key Result Areas, in its 2011-2015 Strategic Plan is Constitutional Compliance, Litigation and Legislative Reforms. This is done by effectively bringing references to the Supreme Court, conducting litigation and providing advice where appropriate to promote compliance with the Constitution, promote law reform and address systemic good governance issues in government bodies.
Under Constitutional Compliance, the Ombudsman Commission has the traditional role of hearing complaints against government departments and other governmental bodies. In this way, it works as a traditional Ombudsman. It performs this role under the Organic Law on the Ombudsman Commission (OLOC). In 2012, the Commission progressed four (4) Section 17 OLOC Preliminary Reports and one (1) Section 22 OLOC Final Report.
The Commission also has another quite unique jurisdiction, in that it is responsible for supervising the enforcement of the Leadership Code. It does this by exercising powers under the Constitution and the Organic Law on the Duties and Responsibilities of Leadership by investigating alleged or suspected misconduct in office by leaders. The Commission 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.
In 2012, there were three leaders who had been referred by the Ombudsman Commission to the Public Prosecutor in 2011, whose cases were progressed and completed by the Leadership Tribunal with one leader being dismissed from office while two were fined.
In addition to the above matters, one fresh case was referred by the Ombudsman Commission to the Public Prosecutor who referred the matter to the Appointing Authority also in 2012. The Leader however, took the matter to Court and at the end of 2012 the Court matter was still pending,
In the supervision of the enforcement of the Leadership Code and to prevent possible breaches of the Code by Leaders, Commission often exercises its powers under Section 27(4) of the Constitution by issuing Directions to persons who are leaders and non-leaders to ensure that apart from the Leadership Code, the purposes of the National Goals and Directive Principles and the basic Social Obligations were attained. The Directions operate to maintain the status quo during investigations until the Commission has completed its investigation into a subject matter.
Directions issued by the Commission have proven to be a very effective means of sustaining good governance and good leadership and also used to protect the integrity of leaders in matters that the Commission was investigating. It is used 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.
Progress against Key Result Area 3 Page 21 2012 Annual Report
The extent and purpose of any direction issued under Section 27(4) of the Constitution is to ensure as far as is within the respective legal powers of those to whom the directions are directed to take steps necessary to ensure full compliance with the direction.
Failure to comply with a direction issued under Section 27(4) of the Constitution may incur the following consequences:- 1. 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 Organic Law on the Duties and Responsibilities of Leadership and Section 2 of the Leadership Code (Alternative Penalties) Act, including dismissal from office. 2. In respect of any other person, enforcement proceedings in the National Court under Section 23 of the Constitution.
3.3.1 Constitutional Reference and Litigation Section 217(6) of the Constitution protects the proceedings of the Ombudsman Commission by ensuring that they 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 against the Commission each year and to defend or prosecute cases for the Commission, hence the existence of Section 25(1)(a)(i) of the Organic Law on the Ombudsman Commission which gives the power to the Commission not only to appoint officers but more specifically Counsel to the Commission. The Counsel to the Commission provides the best possible advice and guidance in accordance with the Constitution and all other laws. Counsel administers quality control over major outputs of the Commission and provides legal advice and opinions based on law.
The Commission continues to be involved in a wide range of court proceedings, including registration of four cases. All those cases relate to challenges on Commission’s power on supervision of the enforcement of the Leadership Code. At the end of 2012, there were 29 cases that remained outstanding. The Commission is one of a limited range of public bodies authorized by the Constitution to make special references to the Supreme Court, to seek the Court's binding opinion on questions relating to the interpretation or application 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 2012, the Commission filed one fresh Reference which remained pending at the end of 2012, closed two and was involved in three fresh References which remained pending at the end of 2012
The Commission continues to provide legal advice and support to external stakeholders including leaders with a total of 108 legal advices in 2012 at various times while internal advices continue to maintain a slow rise.
In 2012, there was consultation with the Office of the Chief Secretary to the Government on the legislative reform of Ombudsman Commission laws. The reform was one of the Government priorities hence Commission’s proposal to the O’Neil-Dion Government that a review of the current role and responsibilities of the Commission be undertaken as one of its three priorities. This was accepted by government and included in the Alotau Accord as one of the Government’s second term priorities. The aim of the legislative review is to consider ways in which Ombudsman Commission may better fulfil its purposes through legislative review. Assistance was sought from the Commonwealth Ombudsman to conduct the review under the Twinning Arrangement, and it was agreed that a Commonwealth placement would be made available for 3 months in the first half of 2013 to assist with the project.
Progress against Key Result Area 3 Page 22 2012 Annual Report
3.4 KRA 4: CORPORATE CAPACITY DEVELOPMENT AND GOVERNANCE
3.4.1 Corporate Capacity
2012 has been a far more challenging year for the Commission to fill vacancies carried over from the previous years and those created by the officers leaving or appointed on promotion within the establishment for higher positions or the office losing staff through death.
There have been setbacks in the Commission recruitment drives to attract and retain suitably qualified people due to lack of a competitive remuneration package to match and compete in the external labour market and this has continually been a huge challenge over years.
Despite this setback the Commission advertised 20 vacancies in 2012 to ease its manpower shortage of which interviews were conducted for 13 positions for the Head Office and seven (7) for the Regions & External Relations.
Furthermore, the Chief Ombudsman took ill and was hospitalized since March 2012 until his eventual passing in October 2012 which resulted in no Commission Meetings held for over nine months.
The Chief Ombudsman is the only person who has powers to call Commission meetings and with his absence and issues of lack of quorum meant that recruitment and selection reports that would have been considered and deliberated for subsequent appointments in Meetings were not accomplished for over nine months.
Figure 17 below shows the establishment from 1 January to the end of the financial year on 31 December 2012. The trend showed the year beginning with a staff-strength of 106 and slowly declined towards the end of the year closing with a staff-strength of 99 imposing another daunting and cumbersome task of filling the 47 vacancies in the following year.
Only five (5) positions or 12% of vacancies were filled, however the Commission lost staff through nine (9) resignations; one (1) termination and one (1) death in the same year.
No recruitment efforts have been done to fill nine (9) vacancies in the two new Regional Offices of Autonomous Region of Bougainville and Southern Region due to the absence of physical infrastructures arising from the technical difficulties of setting up the operations of the respective offices.
Figure 17 Total establishment and recruitment trend
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Staff 146 146 146 146 146 146 146 146 146 146 146 146 establishment Staff on 106 106 106 106 106 105 105 103 101 100 99 99 strength Total 40 40 40 40 40 41 41 43 45 46 47 47 vacancies New Intakes 2 2 1 0 0 0 0 0 0 0 0 0 Resignation 1 2 1 0 0 1 0 2 1 0 1 0 Termination 0 0 0 0 0 0 0 0 1 0 0 0 Death 0 0 0 0 0 0 0 0 0 1 0 0
Progress against Key Result Area 4 Page 23 2012 Annual Report
3.4.1.1 Learning and Development A budget of K1, 042, 320 was allocated to implement the learning and development programs for staff for the year 2012. The Commission has always seriously focused on building its work force capacity to enable staff to acquire the necessary competency skills to add value in their work.
The Annual Learning and Development Plan is the calendar of training activities providing details of relevant in-country and overseas training programs in addressing the corporate and technical skill needs of the staff identified and extracted from the staff development plans contained in the annual performance management system appraisal forms.
The programs selected are determined by the business needs and priorities of the Commission and identification of staff skill shortage have been addressed through appropriate and relevant technical and corporate training delivered by registered credible and reputable training institutions or education agencies in-country and overseas.
Figure 18 below shows the number of programs undertaken in-country and overseas and attendance is categorized by gender and the level of position on the establishment.
A total of 91 officers attended or participated in the programs which comprised of 54 males and 37 females and addressed the skill deficiencies at all levels.
Programs In-country Overseas Males Females Exec Senior Middle Lower Mgnt Mgnt Level Corporate 22 2 49 31 0 0 17 61 Technical /Specialist 3 2 2 2 0 1 2 Career Dev. 6 0 2 4 0 2 4 Adhoc 2 1 1 0 1 1
Total 31 6 54 38 0 2 19 68
The huge budget injection in the staff learning and development programs are manifestations of Commission’s interest and priority in addressing the skill deficiencies of staff and developing the skill capacity to accepted standards and that is able to meet the demands of their jobs.
Figure 19 below shows the number of reputable and credible training institutions engaged by the Commission to deliver training for staff. A total of 18 in-country and overseas credible registered training organisations were engaged to deliver quality capacity building programs for officers in the 2012 financial year.
Institutions No of In-country Overseas Location No of officers programs conducted Institute of Banking & 4 PNG Port Moresby 23 Business Management International Training 1 PNG Port Moresby 1 Institute Deloitte Touché 1 PNG Port Moresby 12 Tohmatsu PNG Human Resource 3 PNG Port Moresby 8 Institute Unitech Management 1 PNG Lae 1 Development Centre CPA PNG 3 PNG Kokopo & Alotau 13 Institute of Internal 2 PNG Port Moresby 3 Auditors PNG Information Systems 1 PNG Port Moresby 4
Progress against Key Result Area 4 Page 24 2012 Annual Report
Audit & Control Association (ISACA) University of Papua New 2 PNG Port Moresby 2 Guinea (UPNG) OCPNG 1 PNG Port Moresby 8 Divine Word University 2 PNG Madang/POM 3 (DWU) Integrated Development 2 PNG Port Moresby 4 Service Daltron Electronics 1 PNG Port Moresby 2
Pacific Adventist 1 PNG Port Moresby 1 University (PAU) Institution of Internal 1 Australia Sydney 1 Auditors Australia (IIA Australia) Singapore Human 1 Singapor Singapore 1 Resource Institute e Governance & 2 United London 2 Management Services Kingdom International (GMSI) University of New South 1 Timor- Dili 1 Wales Leste Australasian Evaluation 1 Australia Adelaide 1 Society (AES)
3.4.1.2 Twinning Program Twinning program is a capacity building exchange program between the Ombudsman Commission and Commonwealth Ombudsman Office in Canberra, Australia and has been in operation since 2006. This is a Development Budget Activity fully funded by AusAid through the Law and Justice Sector Program and has been a success over the years.
For the year 2012, the Ombudsman Commission and the Commonwealth Ombudsman agreed to implement 15 reciprocal activities, nine of which were for the Commission to implement comprising five long term and four short term placements.
Due to administrative and logistical issues only (4) long term placements of one (1) month duration were implemented wherein two (2) leadership officers were attached with the Victorian Ombudsman Office and Queensland Crime & Misconduct Office respectively; a CAID officer with the Commonwealth Ombudsman Office in Canberra and a Regions & External Relations Officer attached with the Commonwealth Ombudsman Office in Adelaide, South Australia.
Figure 20 Number of programs implemented.
Placement Host Location Duration Date Male Female Total program Institution Long Term Commonwealth Canberra 1 month 17 Sep to (Complaints) Ombudsman Australia 12 Oct 1 - 1 Office Long Term South Adelaide, 1 month 10 Sep to (Regions and Australian South 19 Oct 1 - 1 External) Ombudsman Australia Office Long Term Victorian Melbourne, 1 Month 17 Sep to (Leadership) Ombudsman Victoria 12 Oct 1 1 Office
Progress against Key Result Area 4 Page 25 2012 Annual Report
Long Term Queensland Brisbane, 1 Month 08 Oct to (Leadership) Crime & Australia 02 Nov 1 1 Misconduct Office
It was a challenging year for the Commission particularly in trying to fill in the huge number of vacancies carried on from the previous years. Commission as much as possible has injected resources through recruitment drives to fill the vacancies, however those efforts have not positively materialized due to many reasons and one which has been a great concern is the Commission’s lack of competitiveness in the labour job market to attract suitably qualified and experienced people.
The implementation of the learning and development programs has been a success for the Commission as manifested by the number of officers who have attended various training programs in-country and overseas.
Twinning program has been one of the success pillars of corporate capacity building of staff skill competencies and most programs for the year were implemented except for a few due to situations and circumstances beyond both offices control. The challenge for the broad area of corporate capacity building through the various modes is effective monitoring and evaluation and reporting and proper documentation to ascertain the return value by staff in their work in return for the investment by the Commission.
3.4.2 Budget Allocation
3.4.2.1 Annual Budget and Reports As part of the public body, the Ombudsman Commission is required to submit its annual budget estimates consistent with the budget ceiling provided by Department of Treasury.
In 2012, the Ombudsman Commission received a budget ceiling of K 17.5m, an increase of 18% from the 2011 ceiling.
However, despite the minimal increase in the budget allocation, the Commission’s spending of its appropriation is consistent with GOPNG requirements in meeting its obligation, and the annual business plan for the year 2012, which the Commission reasonably satisfied in its performance and achievement of the Key Performance Indicators during the reporting year.
Figure 21 shows the budget allocated to the Commission over four years.
2009 2010 2011 2012 14,040,000 14,040,000 14,742,000 17,518,100
Progress against Key Result Area 4 Page 26 2012 Annual Report
3.4.2.2 Quarterly Reports As a mandatory requirement by GoPNG, Ombudsman Commission is required by law to provide quarterly finance and performance reports to the GoPNG through Department of Treasury. The Commission has complied with these requirements and provided its quarterly reports on a timely manner during the year.
Figure 22 below illustrates when Commission’s 2012 quarterly reports were submitted.
Quarter Period Date Submitted From To 1st 01 January 2012 31 March 2012 25 April 2012 2nd 01 April 2012 30 June 2012 22 July 2012 3rd 01 July 2012 30 September 2012 23 October 2012
On the overall, the Commission is committed to pursuit of excellence in its performance through responsible and transparent decision making process and can be held accountable for its own actions and decisions.
Progress against Key Result Area 4 Page 27 2012 Annual Report
4. Financial Audited Report
Financial Audited Report Page 28 2012 Annual Report
Financial Audited Report Page 29 2012 Annual Report
Financial Audited Report Page 30 2012 Annual Report
Financial Audited Report Page 31 2012 Annual Report
Financial Audited Report Page 32 2012 Annual Report
Financial Audited Report Page 33 2012 Annual Report
Financial Audited Report Page 34 2012 Annual Report
Financial Audited Report Page 35 2012 Annual Report
Financial Audited Report Page 36 2012 Annual Report
Financial Audited Report Page 37 2012 Annual Report
Financial Audited Report Page 38 2012 Annual Report
Financial Audited Report Page 39 2012 Annual Report
5. Organisational Structure
MEMBERS OF THE COMMISSION 3 MOC
OFFICE OF COUNSEL OFFICE OF SECRETARY 9 Officers 36 Officers
EXECUTIVE SERVICES SUPPORT SERVICES BRANCH BRANCH 13 Officers 23 Officers
REGIONS & EXTERNAL COMPLAINTS & ADMINISTRATIVE RELATIONS DIVISION INVESTIGATION DIVISION (CAID) LEADERSHIP DIVISION 41 Officers 29 Officers 28 Officers
Organisational Structure Page 40 2012 Annual Report
6. Appendices APPENDIX I Major Reports produced by the Commission under Section 22 of the Organic Law on the Ombudsman Commission as at 31 December 2012
Date Published Name of Report February 1980 Report on the formal enquiry into the dispute between the Harbours Board and the wharf workers of Rabaul.
June 1980 Air Niugini an interim report by the Ombudsman Commission
August 1981 Ombudsman Commission Final Report on the Kerevat National High School Enquiry Report on the investigation into allegations against the former acting Vice Chancellor of UPNG Mr Nicholas February 1982 Kuman November 1982 Corruption in Government
February 1983 Formal enquiry into the cause of student unrest at the University of Papua New Guinea.
Report by the Ombudsman Commission on street vending and associated problems arising as a result of formal May 1985 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 Investigation into the results of an investigation into the dismissal of an officer of the Papua New Guinea Defence January 1992 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.
Report of an Investigation into the Appointment of the Director and a member of the Legal Training Institute – June 1995 Final Report May 1996 Investigation into Mrs Mary Parker’s Complaint Against the Public Curator
Investigation into alleged unfair decision in varying contract gratuity amounts due to non citizen contract officers October 1996 by the acting chief Executive and General Manager – Papua New Guinea Electricity Commission.
October 1996 Investigation into Awarding of Contracts for Upgrading of the Port Moresby Water Supply Project.
Investigation into Alleged Improper Transfer of Title Relating to State Lease Volume 30 Folio 7280 Section 238 June 1997 Allotment 10 Hohola on a complaint made by Papua New Guinea Banking Corporation – Final Report
Investigation into Alleged Improper Leasing of Properties by the National Housing Corporation from Neisenel No. August 1997 77 Pty Ltd
August 1997 Investigation into Issue of A Permit to Turama Forest Industries Pty Ltd by the Forest Authority
Preliminary Report on Complaint made by Ms Grace Ochero against the University of Papua New Guinea November 1997 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
Appendices Page 41 2012 Annual Report
Continued…
Date Published Name of Report Preliminary Investigation Report of an Allegation of unfair decision to award multi-million Ramu Highway November 1998 Upgrading and Sealing contract to Downer Construction By NEC
Investigation into the Purchase of the Conservatory Cairns by Public Officers Superannuation Fund Board and November 1999 associates transactions and arrangements.
Investigation into the lease and proposed purchase of Malagan House, 99 Creek Street, Brisbane by the November 1999 Independent State of Papua New Guinea.
Investigation into the decision of the National Forest Board to award the Kamula Doso FMA to Wawoi Guavi July 2002 Timber company (a subsidiary of Rimbunan Hijau) as an extension to Wawoi Guavi Timber Resource Permit – Final Report Investigation into Administrative Practice – Payment of public funds to officers for sick leave by a Government July 2006 Department.
Investigation Report into the Appointment and Conduct of Hamish Sharp in the National Maritime Safety September 2009 Authority Board
2009 Investigation Report into the Julian Moti Affair
Investigation report into the Alleged Unlawful and Abuse of Human rights by Police, Three Mile Guest House, 2009 Port Moresby, National Capital District
Investigation into the Department of Lands and Physical Planning rezoning, leasing and registering of the land 2010 title for section 31 allotment 03 Kimbe issued to Quiquing Trading Limited.
Investigation report into the conduct of Dr Nao Badu, Chairman and CEO of National Economic and Fiscal 2011 Commission
Alleged improper dealings into the National Housing Corporation Property – Section 119, Allotment 8 on Land 2011 Volume 25 Folio 133 Saraga Street Boroko, National Capital District
Appendices Page 42 2012 Annual Report
APPENDIX II Leaders Referred for prosecution by the Ombudsman Commission under
the Leadership Code as at 31 December 2012
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 1978 Guilty – reprimanded Commission 3 AKO TOUA Commissioner, Electricity 1978 Guilty – suspended Commission 4 LEO MORGAN Acting Secretary, Department of 1978 Guilty – dismissed Works and Supply 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 1983 Guilty and Supply 8 ILINOME TARUA PNG High Commissioner to London 1983 Guilty 9 MICHAEL MP 1983 Guilty – dismissed PONDROS 10 LENNIE APARIMA MP 1985 Not guilty 11 EZEKIEL BROWN Managing Director, National 1985 Guilty – fined Provident Fund 12 JULIUS CHAN MP; Deputy Prime Minister; Minister 1988 Not guilty for Finance 13 JOHN KAPUTIN MP 1988 Guilty – fined 14 OBUM MAKARAI Chairman, Papua New Guinea 1988 Guilty – fined Banking Corporation 15 KEDEA URU Chairman, National Broadcasting 1988 Not guilty Commission 16 GERALD MP 1989 Guilty – dismissed – judicial review by leader SIGULOGO unsuccessful 17 SUSUVE LAUMAEA Chief of Staff, Office of the Prime 1990 Public Prosecutor failed to refer matter to tribunal – Minister 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 1991 Guilty – recommended for dismissal – resigned for Forests before dismissal 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
Appendices Page 43 2012 Annual Report
Continued… No LEADER OFFICE YEAR RESULT 29 JOHN NILKARE MP; Minister for Village Services and 1995 Guilty – dismissed – later reviewed by Supreme Court Provincial Affairs – 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 1996 Guilty – dismissed – judicial review unsuccessful Affairs 33 YAIP AVINI MP; Minister for Health 1996 Lost office through criminal conviction 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.
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- 2000 Appointment revoked prior to appointment of tribunal General; Attorney-General 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 – decision on guilt affirmed but penalty altered to fine – slip rule application by Public Prosecutor rejected 42 ANDERSON AGIRU MP; Governor, Southern Highlands 2000 Guilty – dismissed – judicial reviews unsuccessful Province 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 2001 Not guilty High Technology 48 BEVAN TAMBI MP 2001 Resigned after appointment of tribunal 49 PETI LAFANAMA MP; Governor, Eastern Highlands 2001 Guilty – dismissed – later reviewed by National Court Province –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 2001 Guilty – dismissed – judicial reviews unsuccessful. Province 52 VINCENT AUALI MP; Minister for Corporatization and 2001 Resigned after appointment of tribunal Privatisation 53 PETER ARUL MP 2001 Resigned after appointment of tribunal 54 BERNARD MP 2002 Guilty – dismissed HAGORIA
Continued…
Appendices Page 44 2012 Annual Report
No LEADER OFFICE YEAR RESULT 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 application with costs to the respondent, the State, who is the nominal 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 MP; Minister for Finance, Planning 2002 Not guilty and Implementation and Rural KUMBAKOR Development 61 MICHAEL NALI MP 2002 Guilty – fined
62 ALFRED DANIEL Chairman, National Gaming Control 2002 Appointment expired after request for tribunal Board 63 REUBEN KAIULO Electoral Commissioner 2002 Appointment expired after matter referred to tribunal
64 CES IEWAGO Managing Director, Public Officers 2003 Appointment revoked prior to request for tribunal Superannuation Fund 65 MICHAEL NALI MP, member for Mendi Open, 2003 Guilty – dismissed. Judicial Review application member Southern Highlands granted, tribunal decision quashed and matter Provincial Assembly referred for rehearing. Pending 66 DANIEL KAKARAYA Managing Director, Mineral 2003 Pending – Decision Judicial review in National Court Resources Development Corporation pending Ltd 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 2004 Pending – retired upon attaining the compulsory Supreme Court retirement age 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 2005 Guilty of 4 out of 6 allegations. Fine of K1000 each. Planning
Appendices Page 45 2012 Annual Report
Continued…
No LEADER OFFICE YEAR RESULT
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 imprisonment 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 Leadership Tribunal. Adjourned due to National Election. Lost office in election 79 GUAO ZURENUOC MP, member for Finchaffen Open 2006 Due to the Leader’s medical condition, the Tribunal adjourned sine die. Lost office in election 80 ARTHUR SOMARE MP, minister for Planning & 2006 Pleaded guilty to 4 out of 11 allegations. The Monitoring Tribunal conducted inquiry and acquitted the Leader on the remaining allegations and confirmed the 4 guilty pleas with a fine of K1,000 each, with a total fine of K4,000.00 81 MELCHIOR PEP MP, Minister for Health 2006 Pleaded guilty to 3 out of 6 allegations. Fine of K1000 for each allegation. After the inquiry, the Tribunal dismissed 3 remaining allegations. Lost office in election 82 SIR MOI AVEI MP, Deputy Prime Minister and 2006 Guilty of 5 out of 9 allegations. Fine of K1500 Minister for Mining and recommended for dismissal on 4.04.07. 83 JOHN MUINGNEPE MP, member for Bulolo Open 2006 Guilty of all 13 allegations. Submission on penalty deferred. Tribunal adjourned sine die. Lost office in election 84 FRED MALIUPA MPA, member of Madang Provincial 2006 Lost office in election Assembly and President, Usino Local-level Government 85 HAMI YAWARI MP, Governor of Southern Highlands 2006 Lost office in election. Deceased Province 86 CHARLES PUNAHA Chief Executive Officer, Papua New 2006 Pending Guinea Radio communications and Telecommunications Technical Authority (“PANGTEL”) 87 JERRY TETAGA Chairman, Public Services 2006 Term expired and not considered for Commission reappointment. 88 ROBINSON Provincial Administrator, New Ireland 2007 Pending. Term expired and not considered for SIRAMBAT Province appointment 89 TOM TOMIAPE MP, member for Tari Open 2007 Lost office in election 90 SIR MICHAEL Member, East Sepik Provincial 2008 Guilty and suspended from office for 14 days Assembly and Prime Minister SOMARE 91 PATRICK PRUAITCH MP, Member for Aitape-Lumi Open 2009 Pending. Tribunal appointed but restrained and Minister for Treasury and Finance due to Court challenge
92 RICHARD CHARLES Commissioner of Correctional 2009 Pending. Matter before the National Court for services SIKANI judicial review. Term expired and not considered for re-appointment
Appendices Page 46 2012 Annual Report
Continued…
No LEADER OFFICE YEAR RESULT 93 ROBERT HOWEN President, East Yangoru Local-level 2010 Pending Government, East Sepik Province
94 NELLY JAMES Secretary, Department of Mineral 2010 Pending - Term expired and not considered for re- Resource and Geo-hazards appointment Management 95 JOSEPH LELANG Secretary, Department of National 2011 Guilty of 5 allegations. Fine of K1000 each Planning & Monitoring allegation. A total of K5000.
96 FIDELIS SEMOSO MP, Regional Member Bougainville 2011 Guilty of 11 out of 14 allegations and dismissed from office in 2012. 97 MARK MAIPAKAI MP, Member for Kikori Open and 2011 Guilty of 9 out of 16 allegations. Allegation 2 Minister for Inter Government Relations and District Development to 8, Fine of K500 for each allegation and allegation 16, fine of K1000. A total of K4500 fine. 98 LINDA WANGU Commissioner and Member of the 2011 Pending - Term expired and not considered Public Services Commission TAMSEN for re-appointment
99 JOHN NERO Ombudsman and Member of the 2012 Pending Commission
Appendices Page 47 2012 Annual Report
APPENDIX III List of Governmental Bodies who are currently under the Ombudsman Commission’s Governmental Bodies Liaison Program
NO ORGANISATION DATE JOINED Active Governmental Bodies 1 Dept. of Education June. 2002 2 Teaching Services Commission June. 2002 3 Royal PNG Constabulary June. 2002 4 PNG Defence Force June. 2002 5 Correctional Service HQ June. 2002 6 Bomana Metropolitan Gaol June.2002 7 Simbu Provincial Administration June. 2003 8 Post PNG Limited July. 2003 9 Central Provincial Administration August. 2003 10 NCD Commission November. 2003 11 Enga Provincial Administration December. 2003 12 Sandaun Provincial Administration September. 2004 13 Oro Provincial Administration September. 2004 14 Madang Provincial Administration March. 2005 20 East New Britain Province Administration March. 2005 21 Bougainville Autonomous Region Administration October. 2005 15 Gulf Provincial Administration February. 2006 16 Milne Bay Provincial Administration March. 2006 17 WNB Provincial Administration September. 2006 18 Port Moresby General Hospital June. 2008 19 Dept. of Health October. 2008 Non-active Governmental Bodies 1 National Housing Corporation December. 2002 2 Dept. of Lands & Physical Planning January. 2003 3 Dept. of Personnel Management March. 2003 4 Dept. of Foreign Affairs & Immigration April. 2003 5 Dept. of Works June. 2003 6 Electoral Commission of PNG June. 2003 7 Magisterial Service HQ July. 2003 8 PNG Forest Authority April. 2004 9 Southern Highlands Provincial Administration June. 2004 10 East Sepik Provincial Administration August. 2004 11 WHP Provincial Administration November. 2004 12 Manus Provincial Administration December. 2004 13 Western Provincial Administration March. 2005 14 EHP Provincial Administration August. 2005 15 National Broadcasting Corporation December. 2005 16 Office of Workers Compensation May. 2006 17 National Judicial & Staff Services September. 2006 18 Dept. of Trade & Industry September. 2006 19 Office of the Clerk of National Parliament September. 2006 20 Dept. of Agriculture & Livestock September. 2006 21 Dept. of Prime Minister & NEC September. 2006 22 Dept. of Finance September. 2006 23 National Intelligence Office September. 2006 24 Morobe Provincial Administration November. 2009 27 Telikom PNG January. 2010 28 Public Service Commission April. 2010 29 New Ireland Provincial Administration June. 2010
Appendices Page 48 2012 Annual Report
APPENDIX IV Former Members of the Commission
Sir Ignatius Kilage CBE Frank Hedges Andrew Opu Maino OBE Sunny Cherian Chief Ombudsman Ombudsman Ombudsman Ombudsman 4.12.75 - 4.1.85 8.12.75 – 4.1.78 17.12.75 – 28.2.82 6.10.78 - 25.1.79
Keith E. Anderson Jean L Kekedo OBE Sir Charles Maino Ango Wangatau Ombudsman Ombudsman Chief Ombudsman Ombudsman 19.11.80 – 10.12.84 1.3.82 – 8.10.86 5.1.85 - 31.12.94 23.6.86 – 31.12.92
Jim Ridges Joe N. Waugla Ninchib Tetang Simon Pentanu Ombudsman Ombudsman Ombudsman Chief Ombudsman 10.10.86 – 20.12.92 20.12.92—19.12.98 5.1.93 – 4.1.99 01.01.95 – 31.12.00
Peter Masi Raho Hitolo, MBE Ila Geno Chronox Manek, LLB, LLM, OL Ombudsman Ombudsman Chief Ombudsman Chief Ombudsman 06.01.99 – 05.01.05 23.05.01 - 03.05.07 01.01.01 - 01.07.08 01.08.08 - 01.10.12
Appendices Page 49 2012 Annual Report
APPENDIX V LIST OF ABBREVIATIONS
ABG Autonomous Bougainville Government ALAC Advocacy & Legal Advisory Centre CAID Complaints and Administrative Investigation Division CEO Chief Executive Officer C/F Carried Forward CBE Commander of the Order of British Empire CMG Companion of the Order of St. Michael and St. George CPA PNG Certified Practicing Accountants of Papua New Guinea EHP Eastern Highlands Province EMC Executive Management Committee GB Government Body GBLP Government Bodies Liaison Program GoPNG Government of Papua New Guinea ISU Internal Screening Unit IAACA International Association of Anti-Corruption Authority LJSP Law & Justice Sector Program LLG Local Level Government LLB Bachelor in Law LLM Masters in Law MOA Memorandum of Agreement MOC Members of Commission MBE Member of British Empire MBP Milne Bay Province MBPA Milne Bay Province Administration MPG Member of Provincial Government MP Member of Parliament NEC National Executive Commission NCDC National Capital District Commission NIP New Ireland Province OBE Order of British Empire OLOC Organic Law on Ombudsman Commission OC Ombudsman Commission OAC Ombudsman Appointment Committee OCPNG Ombudsman Commission of Papua New Guinea PAU Pacific Adventist University PCO Public Complaints Office PMT Provincial Management Team PNGDF Papua New Guinea Defence Force PEP Public Education Program PFMA Public Finance Management Act QTR Quarter RTBH Right To Be Heard ROG Redress of Grievance T&C Terms & Conditions TIPNG Transparency International – Papua New Guinea UPNG University of Papua New Guinea WG Working Group YACA Youth Against Corruption Association YTD Year to Date
Appendices Page 50 2012 Annual Report
APPENDIX VI Contact Details
HEADQUARTER
Ground Floor Deloitte Tower Telephone: (675) 308 2600 Douglas Street, Port Moresby Facsimile: (675) 320 3263 PO Box 1831 Email: [email protected] PORT MORESBY 121 National Capital District
REGIONAL OFFICES
Momase Region Vele Rumana Building Telephone: (675) 472 1695 4th Street Facsimile: (675) 472 2755 PO Box 2259 LAE 411 Morobe Province
Highlands Region AGC Building Telephone: (675) 542 1986 Hagen Drive Facsimile: (675) 542 2497 PO Box 745 MT HAGEN 281 Western Highlands Province
New Guinea Islands Region PO Box 359 Telephone: (675) 982 8792 KOKOPO 613 Facsimile: (675) 982 8953 East New Britain Province
Appendices Page 51 Ombudsman Commission of Papua New Guinea