OMBUDSMAN COMMISSION OF PAPUA NEW GUINEA

Annual Report 2011

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 2011 Annual Report. It covers the period 1 January 2011 to 31 December 2011 and includes the Commission’s 2011 Audited Financial Report.

The Commission advises that due to circumstances that affected the Office in early 2012 to early 2014 with the illness and eventual passing of the Late Chief Ombudsman Chronox Manek, Late Acting Ombudsman Gabe Hekoi and recently, Late Ombudsman John Nero, at the finalisation of this Report, you will note the omission of their signatures in the Report.

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 2011

For the period

1 January 2011 to 31 December 2011

2011 Annual Report Page I

ABLE F ONTENTS T O C 1. OMBUDSMAN COMMISSION ______1 2. YEAR IN REVIEW ______2 3. VISION & MISSION ______4 4. CORPORATE GOVERNANCE ______6 4.1 Management & Accountability ______6 4.2 Budget Compliance ______7 4.3 Corporate Capacity ______8 5. MAJOR OPERATIONS ACTIVITIES ______13 5.1 Leadership Code ______13 5.2 Legal Services ______15 5.3 Regions & External Relations ______17 5.4 Traditional Role of the OC ______18 5.5 Complaints Intake & Screening ______19 5.6 Administrative Investigations ______20 5.7 Case Summaries ______23 6. AUDITED FINANCIAL REPORT ______30 7. ORGANISATIONAL STRUCTURE ______44 8. APPENDICES ______45 Appendix I – Major Reports produced by the Commission under Section 22 of the OLOC 45 as at 31 December 2011 ______Appendix II – Leaders referred for prosecution by the Commission under the Leadership Code 47 as at 31 December 2011 ______Appendix III – List of Government Bodies currently under the Commission’s GBLP 52 as at 31 December 2011 ______Appendix IV – Former Members of the Commission ______53 Appendix V – List of Abbreviations ______54 Appendix VI – Contact Details ______55 FIGURES Figure 1 ______7 Figures 2 & 3 ______8 Figure 4 ______9 Figures 5 & 6 ______10 Figure 7 ______11 Figures 8 & 9 ______12 Figures 10 & 11 ______13 Figures 12 & 13 ______14 Figure 14 ______17 Figure 15 ______18 Figure 16 ______19 Figures 17 - 20 ______20 Figure 21 ______21 Figures 22 & 23 ______22

Table of Contents

2011 Annual Report Page 1

1. OMBUDSMAN COMMISSION

The Ombudsman Commission is made up of the Chief Ombudsman and two Ombudsmen. The Ombudsman Commission for this reporting period are Chief Ombudsman Chronox Manek, Ombudsman John Nero and Ombudsman Phoebe Sangetari.

Chief Ombudsman Chronox Manek; LLB, LLM (UniMelb), OL Chief Ombudsman Chronox Manek is from Wambangan Village, Boana District, in Morobe Province. Ombudsman Manek holds a Bachelor of Laws Degree from the University of Papua New Guinea and Masters of Laws Degree from the University of Melbourne, Australia. Mr Manek was appointed Public Solicitor of Papua New Guinea in February 1999 and later appointed Public Prosecutor in 2001. In 2008 Mr Manek commenced his six-year term as the fifth Chief Ombudsman after having been appointed by the Ombudsman Appointment Committee on 1 July 2008. During the course of his career, Mr Manek has been appointed to a number of organisations both in the country and abroad notably Co-Chairman of the International Association of Prosecutors World Conference in Copenhagen, Denmark, Director Asia Crime Prevention and Foundation, Director of the International Ombudsman Institute, Vice Chairman of the Pacific Ombudsman Alliance and Executive Committee Member of the International Association of Anti-Corruption Authorities (IAACA). Mr Manek is a member of the Papua New Guinea Law Society.

Ombudsman John Nero; BAC, MBA Ombudsman John Nero comes from Kasena Village in Goroka District, Eastern Highlands Province. Ombudsman Nero holds a Bachelor Degree in Commerce (BAC) from the University of Papua New Guinea and Masters in Business Administration (MBA) from the Queensland University in Australia. Mr Nero joined the Finance & Planning Department as a Finance Inspector for four and a half years before joining the Ombudsman Commission of Papua New Guinea as a Senior Investigator. He was later promoted to Deputy Director (Leadership) in April 2002 until his Acting Appointment as Ombudsman in February 2005. Mr Nero is a member of the Certified Practicing Accountants of Papua New Guinea (CPA PNG)

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

Members of the Commission

2011 Annual Report Page 2

2. YEAR IN REVIEW

The Ombudsman Commission continues to fulfil its mandate under the Constitution, the Organic Law on the Ombudsman Commission and the Organic Law on Duties and Responsibilities of Leadership.

In managing the affairs of the Commission, the officers and Members of the Commission worked towards achieving the four Key Result Areas that the Commission targeted in its five-year Strategic Plan (2011 - 2015) by effectively implementing its 2011 Ombudsplan (Annual Activity Plan) and reporting its performance quarterly.

In 2011, the Ombudsman Commission received a total of 1, 912 complaints and 56 complaints carried over from 2010.

A total of 387 leadership complaints including 173 cases brought forward from 2010 were investigated in 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.

Out of the 57 government agencies investigated, Department of Police had the highest percentage of cases against them followed by Department of Education and the PNG Correctional Services. After that were the Department of Lands & Physical Planning, Department of Defence, Department of Finance, Department of Health, Western Provincial Administration, National Housing Corporation, Public Servants and Milne Bay Provincial Administration.

The Commission produced two (2) Investigative Reports in 2011; 1. Investigation into the conduct of the Chief Executive Officer (CEO) and Chairman of the National Economic & Fiscal Commission (NEFC) and 2. Alleged improper dealings into the National Housing Corporation property – Section 119, Allotment 8 on Land Volume 25, Folio 133, Saraga Street, Boroko, National Capital District.

The reports were given to the Speaker for presentation to Parliament.

The Police Oversight function of the Ombudsman Commission in the RPNGC investigations under 2007 Memorandum of Agreement (MOA) was renewed in 2011. The aim of the MOA is for the Ombudsman Commission to work collaboratively and provide independent support to the RPNGC Internal Affairs Directorate (IAD) in improving its complaint handling system as part of the Commission’s efforts to increase public confidence and trust in the RPNGC and enhance police accountability and integrity.

The Commission continued to deliver its Public Education Program (PEP), carrying out awareness on its roles and functions through visits to the Districts and Provinces. PEP mainly targeted tertiary institutions in 2011. The Commission believes that students are future leaders of Papua New Guinea hence there is a need to educate them about its roles and functions and qualities of good leadership under the Leadership Code. The students, being the leaders of tomorrow have to be equipped with these qualities and in future when they hold public offices, they would make good leaders.

In the exercise, the Commission visited the University of Technology, University of Goroka and the University of Natural Sciences. It also took part in the Political Science Department Open Day at the University of Papua New Guinea.

Members of the Commission were involved in various trips to the tertiary institutions and spoke on the work of the Commission.

Meanwhile, the twinning arrangement between OCPNG and the Commonwealth Ombudsman, Australia has been on-going for almost six (6) years now. It is an exchange program of which officers are selected for placements in both Offices. In 2011, six (6) OC officers were sent for work placement with the Commonwealth Ombudsman in Australia while the Commonwealth Ombudsman had only one officer attached to OCPNG. The Public Affairs Director of the Commonwealth Ombudsman, Shaun Rohrlack was attached to the Intake & Screening and Media Units of OCPNG to assist with the Toll Free project.

The Ombudsman Commission maintains a good working relationship with its stakeholders within the country and abroad as well. Towards the end of September 2011, the Commission had two (2) officers from the Solomon Islands Ombudsman and one (1) from the Leadership Code Commission in Honiara, visit its head office in Port Moresby to have a look at the Commission’s

Year in Review

2011 Annual Report Page 3

operational systems specifically the Case Management System and set up similar arrangements in their respective Offices. The team had sessions with various Divisions of the Commission which they found very useful for their fact-finding mission.

One of the most significant highlights of this year was the Ombudsman Commission’s first ever Leadership Summit hosted in October at the Gateway Hotel in Port Moresby. The Commission took a proactive approach to educate leaders or those holding leadership positions of the requirements of the Leadership Code.

A total of 52 participants attended the summit. Of the total, 27 were Head of Departments, seven (7) overseas observers and 18 local observers.



Year in Review

2011 Annual Report Page 4

3. VISION AND MISSION VISION The Ombudsman Commission’s vision under its 2011-2015 Strategic Plan is to ensure fair, just and effective leadership and good governance in Papua New Guinea.

MISSION The Commission’s Mission set out in its 2011-2015 Strategic Plan is to promote and foster quality leadership and good governance and strengthen respect for Rule of Law in accordance with Section 218 of the Constitution.

VALUES The Ombudsman Commission is committed to a number of fundamental values in all its dealings with the governmental bodies, the private sector, members of the public and the leaders.

The values we will uphold are:

Impartiality We will carry out our duties with impartiality by not supporting one person or group more than the other and maintain our political neutrality.

Integrity We recognise the importance of maintaining the personal integrity of each of the Members of the Commission and all officers in the service of the Ombudsman Commission.

Independence We will preserve the independence of the Ombudsman Commission and ensure that it is not subject to improper influences in carrying out its functions.

Accountability We will be accountable to the people of Papua New Guinea for the way in which we carry out our Constitutional functions.

Responsiveness We will be responsive to the needs and aspirations of the people of Papua New Guinea.

Respect We respect individuals and their rights.

MANDATE The Ombudsman Commission is a Constitutional Institution empowered with the Mandate of conducting its business under Sections 217, 218 and 219 of the Constitution.

The Commission consists of a Chief Ombudsman and two Ombudsmen who are appointed by the Ombudsman Appointment Committee comprising of the Prime Minister as Chairman, independent Constitutional Office-holders in the Chief Justice, the Chairman of the Public Services Commission, the Leader of the Opposition and the Chairperson of the Permanent Parliamentary Committee. The purpose of the establishment of the Ombudsman Commission is:

to ensure that all governmental bodies are responsive to the needs and aspirations of the People;

to help in the improvement in the work of governmental bodies and the elimination of unfairness and discrimination by them;

Vision & Mission 2011 Annual Report Page 5

to help in the elimination of unfair or otherwise defective legislations and practices affecting or administered by governmental bodies; and

to supervise the enforcement of Division III.2 – the Leadership Code.

The functions of the Ombudsman Commission are:

to investigate, on its own initiative or on complaints by a person affected, any conduct on the part of leaders, governmental bodies or other body set up by statute;

to investigate any defects in any law or administrative practice appearing from such investigations;

to investigate, either on its own initiative, or on complaints by a person affected, any case of an alleged or suspected discriminatory practices within the meaning of a law prohibiting such practices;

any functions conferred on it under Division III.2 – the Leadership Code; and

any other functions conferred on it by or under an Organic Law.



Vision & Mission 2011 Annual Report Page 6

4. CORPORATE GOVERNANCE

4.1 MANAGEMENT & ACCOUNTABILITY Under Section 218 of the Constitution of Papua New Guinea, the establishment of the Ombudsman Commission is guaranteed, which follows and allows for the appointment of the three (3) Members of the Commission under Section 217 of the Constitution. The three (3) Members of the Commission represents the Management team comprising of a Chief Ombudsman and two (2) other Ombudsmen who are mandated to carry out three (3) main functions:-

1. To investigate complaints alleging unfair or defective legislations and practices by government departments, statutory authorities and other government bodies. 2. To investigate unfair and discriminatory practices. 3. To supervise the enforcement of the Leadership Code.

As required under the Government’s Development Policy Strategy, the Commission carries out its mandated function in compliance with the Commission’s Five (5) Year Strategic Plan and Annual Plan.

The year 2011 marks the beginning of the Commission’s Five (5) Year Strategic Plan (2011 – 2015) with the Vision of Fair, Just and Effective Leadership and Good Governance in Papua New Guinea.

The Mission for the next five (5) years is to: Promote and Foster Quality Leadership and Good Governance and Strengthen Respect for Rule of Law in accordance with Section 218 of the Constitution.

Through this, the Commission is committed to Six (6) Fundamental Values in all dealings with government bodies, private sector, members of the public and leaders. The values are Impartiality, Integrity, Independence, Accountability, Responsiveness and Respect.

The Strategic Plan was developed through numerous consultation processes within the institution as well as its key external stake holders, capturing the strategic priorities for the next five (5) years within the Commission’s constitutionally mandated functions. The Commission’s plan is aligned to the National Government’s development priorities defined in the Medium Term Development Plan 2011 – 2015, the Development Strategic Plan 2010 – 2030 and the Vision 2050.

As one of the key players in the Law and Justice Sector, the Strategic Plan is also aligned to the Law and Justice Sector Policy and the Law and Justice Sector Strategic Framework.

Realising the importance of the need for change, the Commission shifted the way it has carried out its business over the last thirty five (35) years. This shift is reflected in the 2011 – 2015 Strategic Plan with focus on accessibility and service delivery, especially at the province and district levels. The process will involve reviewing and aligning of workplace polices, performance management guidelines, workflow processes, procedures and systems and work practice manuals that will propel performance to meet the challenges ahead.

Within the currency of the Strategic Plan, the Commission plans to work in partnership with the relevant institutions and organizations to implement its strategic priorities under four (4) Key Result Areas:-

1. Accessibility and Service Delivery; 2. Leadership Code Compliance and Administrative Investigations; 3. Constitutional Compliance, Litigation and Legislative Reform and 4. Corporate Capacity Development and Governance

Under the Constitution, the Ombudsman Commission through its mandated function and role is accountable to the government and the people on the delivery of its core functions.

The performance and monitoring of the Commission’s business is reviewed through bi-monthly meetings by the Commission. It is a requirement of law that the meetings are called and chaired by Chief Ombudsman. The quorum of Commission meetings are two with the Counsel and Secretary in attendance and supported by relevant Senior Executives.

Corporate Governance 2011 Annual Report Page 7

The implementation of Commission Decisions is significantly important hence Secretary is delegated the responsibility to ensure that decisions are disseminated to responsible functional areas on a timely manner for implementation. From the internal perspective, four (4) Performance Management Reviews (PMR) meetings are held each quarter, allowing all Divisions to report on their performance to the Commission. On Financial Accountability, the Commission is responsible to ensure that it spends within the approved Budget Appropriation as approved by the National Parliament. Quarterly budgetary monitoring meetings are held with the Department of Treasury and National Planning which forms part of the process under which the Commission submit reports on its performance and provide account of its expenditure of the Budget Appropriation. And from the external perspective, the Commission prepares its annual accounts on receipts and expenditure of its Budget Appropriation and reviewed by the Office of the Auditor-General for its independent opinion on Commission’s financial performance.

4.2 BUDGET COMPLIANCE The Financial Structure of the Ombudsman Commission is specified under Part VI of the OLOC which is titled “Finance”. Section 29 of Part VI specifies that the Public Finances (Management) Act 1995 (“PF(M)A 1995”) applies to the Ombudsman Commission, except for those exceptions and modifications for Public Bodies that are set out in Schedule 2 of OLOC.

Under Section 2 of the PF(M)A, it defines what a “Public Body” represents, including “(a) a body, authority or instrumentality (corporate or unincorporated) established by or under an Act or a Constitutional Law.” This definition therefore extends to include the Ombudsman Commission.

The PF(M)A 1995 provides for the management of public finances through:-

 Regulations – (Section 115) made by the Head of State on advice, that are consistent with the Act; and  Financial Instructions – (Section 117) made by the Departmental Head of the Department responsible for Financial Management, that are consistent with the Act.

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 the Department of Treasury.

In 2011, the Ombudsman Commission received a budget ceiling of K 14.7m, an increase of 5% from the 2010 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 2011, which the Commission is reasonably satisfied in its performance and achievement of the Key Performance Indicators during the reporting year.

Figure 1 Budget allocated to the Commission.

2009 BUDGET CEILING 2010 BUDGET CEILING 2011 BUDGET CEILING

14,040,000 14,040,000 14,742,000

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.

Corporate Governance 2011 Annual Report Page 8

Figure 2 The table below illustrates when Commission’s 2011 quarterly reports were submitted.

Quarter Period Date Submitted From To 1st 01 January 2011 31 March 2011 25 April 2011 2nd 01 April 2011 30 June 2010 22 July 2011 3rd 01 July 2011 30 September 2011 23 October 2011

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.

4.3 CORPORATE CAPACITY

Recruitment and Selection The year 2011 has been another challenging year for the Commission to fill vacancies carried over from the previous years and those created by officers leaving or appointed on promotion within the establishment for higher positions.

There have been setbacks in the Commission’s recruitment drives to attract suitably qualified people due to its inability to match and compete in the external labour market and this has been continually a huge challenge over years.

Figure 3 below shows the establishment from 1 January to the end of the financial year 31 December 2011. The trend shows the year beginning with a staff-strength of 103 and fluctuations throughout the year attributed to new intakes and turnover of staff ceasing employment.

The year closed with an unchanged staff-strength of 103 imposing another daunting and cumbersome task of filling the 42 vacancies in the following year.

Only 11 positions which are about 26% of vacancies were filled. However the efforts have not been reflected and demonstrated in the positive improvements in the establishment as the same number of staff also exited employment mostly for better paid jobs and other reasons.

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 technical difficulties of setting up the operations of the respective offices.

Figure 3 Total staff establishment and Recruitment Trend. QTR 1 QTR 2 QTR 3 QTR 4 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec

Staff establishment 146 146 146 146 146 146 146 146 146 146 146 146

Staff on strength 103 103 102 103 103 106 107 105 105 103 104 103

Total vacancies 43 43 44 43 43 40 39 41 41 43 42 43

New Intakes 2 0 0 1 0 3 1 1 1 0 1 0

Resignation 0 1 1 1 0 0 0 3 1 2 0 1

Twinning Program Twinning Program is a capacity building exchange program between the Ombudsman Commission and the Commonwealth Ombudsman Office in Canberra, Australia which has been in operation since 2006. This is a Development Budget Activity fully funded by Aus-Aid through the Law and Justice Sector Program. It has been a success over the years.

Corporate Governance 2011 Annual Report Page 9

The Twining Program’s original purpose was focused on addressing capacity-skill needs of the traditional complaints administrative investigations function. However based on the short history of the success stories, in 2010 the focus was changed to accommodate the corporate capacity needs of the staff in its entirety.

The agreed activities delivered were three (3) long term placements for the main operations divisions and four (4) short term placements, three (3) of which have been extended to addressing the capacity needs in the service departments of the Commission.

There were two (2) one-month placements in Human Resources and Policy & Planning, management orientation and short term placements from the Commonwealth Ombudsman Office to assist set up the telephone Toll Free Service.

Despite the challenges, most programs were implemented according to the activity implementation schedule and those that were not implemented were due to unforeseen causes and circumstances beyond both institutions’ control.

Figure 4 Number of programs implemented.

Placement program Host Institution Location Duration Date Male Female Total

Long Term Commonwealth Canberra 2 months 03 1 - 1 (Complaints) Australia October to Ombudsman 02 Office December Long Term (Regions Commonwealth Canberra 1 and August - 1 - 1 and External) Ombudsman half October Office Sydney months NSW Ombudsman 2 weeks Office Short term (Human CO Canberra 2 weeks April - 1 1 Resources) May NSW Sydney 1 week Queensland Brisbane 1 week Short term (Policy & CO Canberra 2 weeks April – 1 1 Planning) May NSW Sydney 1 week

Water and Energy Melbourne 1 week Ombudsman Management CO Canberra 2 Weeks February 1 1 Orientation Regions and ER Ombudsman Port 2 weeks March 1 1 (Public Relations and Moresby Toll Free)

The Commission continues active participation in the Pacific Ombudsman Alliance (POA) sponsored programs. POA continues to assist the OCPNG and other Ombudsman Offices in the Pacific facilitate training on specific tailored programs to address the main core technical functional areas of the Ombudsman business.

A total of eight (8) officers attended the various programs which comprised of six (6) males and two (2) females and were hosted in Solomon Islands and Australia. The POA programs have been delivered at no cost to the Commission and it has benefited from these programs through building the skill capacity of staff in addition to the Commission’s annual learning and development plans.

Corporate Governance 2011 Annual Report Page 10

Figure 5 OC and POA. Placement Program Host Institution Location Duration Date Male Female Total Behavioural Interview Australian Commission NSW/ACT 1 week 28 Mar to 1 1 2 Skills Enhancement for Law Enforcement , Australia 1 Apr Program Integrity (ACLEI)/POA 2011 Dreamweaver POA/Solomon Islands Honiara, 1 Week 2 – 6 1 1 2 Training Ombudsman Solomon May Islands 2011 Advance POA/Solomon Islands Honiara, 3 days 17 – 19 2 2 Investigations Ombudsman Solomon May Training Islands 2011 Australian Public POA/APSC Canberra 1 week 14 – 18 2 2 Service Anti- Nov Corruption Conference

Learning and Development A budget of K1.5m was allocated to implement the learning and development programs of staff in 2011.

Ombudsman 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 learning and development plan has been the annual learning and development calendar of staff training which details relevant programs both in-country and overseas in addressing the corporate and technical needs for 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 creditable and reputable training institutions or education agencies in -country and overseas.

Figure 6 below shows the number of programs undertaken in-country and overseas and attendance by gender and the positions on the establishment.

A total of 150 officers attended or participated in the programs which comprised of 83 males and 67 females and addressed the skill deficiencies at all levels.

In- Senior Middle Lower Programs Overseas Males Females Exec country Mgnt Mgnt Level Corporate 86 5 46 45 0 0 14 77 Technical /Specialist 36 4 25 15 1 4 13 22 Career Dev 7 0 3 4 2 1 4 Adhoc 2 10 9 3 2 3 7 Total 131 19 83 67 1 8 31 110

The huge budget injection in the staff learning and development programs are manifestations of the Commission’s interest and priority in addressing the skill deficiencies of staff and developing the skill capacity to accepted standards that is able to meet the demands of their jobs.

Figure 7 on the following page shows the number of reputable and creditable training institutions engaged by the Commission to deliver training for its staff. A total of 15 training institutions in-country were engaged, most of which have been associated with the Commission over the years based on their history of creditability and deliverance of quality training.

Corporate Governance 2011 Annual Report Page 11

No of No of Institutions programs In-country Overseas Location officers conducted Institute of Banking & 6 PNG Port Moresby 21 Business Management International Training 6 PNG Port Moresby 29 Institute Safety PNG 2 PNG Madang 7 Deloitte Touché 2 PNG Port Moresby 21 Tohmatsu PNG Human Resource 4 PNG Port Moresby 13 Institute Unitech Develop 2 PNG Madang 9 Consultancy CPA PNG 1 PNG Port Moresby 5 PNG Training & 1 PNG Lae 1 Development Society Institute of Internal 1 PNG Port Moresby 1 Auditors PNG Information Systems Audit 1 PNG Port Moresby 6 & Control Association (ISACA) Administration Officers 1 PNG Port Moresby 7 Association UPNG 4 PNG Port Moresby 5 OCPNG 1 PNG Port Moresby 12 DWU 2 PNG Madang/POM 3 Integrated Development 1 Philippines Manila 2 Service Mt Eliza Executive 2 Australia Melbourne 2 Education Centre, University of Melbourne Frontier Software Ltd 1 Australia Sydney 4 International Ombudsman 1 Austria Vienna 2 Institute

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. The Commission as much as possible has injected resources through recruitment drives to fill the vacancies, however those efforts have not been positively materialized due to many reasons. One of the reasons that has been of great concern is the Commission’s lack of competitiveness in the 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.

In addition to the capacity building of officers, the Commission has also benefited well from the training provided by the Pacific Ombudsman Alliance (POA) tailored programs resulting in the attendance of eight (8) officers at no cost to the Commission.

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.

Corporate Governance 2011 Annual Report Page 12

Figure 8 Shaun Rohrlack (2nd right) from the Commonwealth Ombudsman, Australia presenting his report with recommendations on the Toll Free project to the Members of the Commission in the presence of the Commission’s senior management.

Figure 9 Mr Allan Barilae (centre) during his one-month twinning placement with the Commonwealth Ombudsman in Canberra. Standing with him are Carolyn Langley and Kai Sinor from the Commonwealth Ombudsman office.



Corporate Governance 2011 Annual Report Page 13

5. MAJOR OPERATIONS ACTIVITIES

5.1 LEADERSHIP CODE

General Overview The Leadership Code (Division III.2 of the Constitution) is a code of conduct that PNG’s leaders are expected to know and follow. The Ombudsman Commission has been given the authority by the Constitution and the Organic Law on the Duties and Responsibilities of Leadership (OLDRL) to supervise and enforce the Leadership Code.

Leadership Division operational Matters The Leadership Division is responsible for the supervision of the Leadership Code. It conducts investigations into breaches of the provisions of the Constitution and the Organic Law on the Duties and Responsibilities of Leadership (OLDRL) and if prima facie evidence is established, the Leader investigated is referred to the Public Prosecutor for prosecution before the Leadership Tribunal. The Division is headed by a Director, and is made up of an Annual Statements Assessment Unit (ASAU) and three Investigations Units.

Summary of investigations carried out in 2011 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, Mismanagements and Moral complaints. In 2011 a total of 387 complaints were investigated. This figure is inclusive of 173 cases brought forward from 2010. 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. Figure 10 below shows complaints received and investigated each quarter in the year with totals for the year recorded under quarter 4, year to date.

Figure 10 below shows the total number of allegations against all categories of leaders. In a complaint made against a leader, there is usually more than one allegation within a complaint as indicated for Members of Parliament in the table. The number of complaints investigated by the Leadership Division in 2011 compared to number of complaints investigated in 2010 increased by 12.92%. Moral complaints recorded the highest number of allegations followed by Abuse of Power, Misappropriation of public funds and Mismanagement allegations recording the lowest of 17.

Allegations Qtr 1 Qtr 2 Qtr 3 Qtr 4 Actual YTD Actual YTD Actual YTD Actual YTD Abuse of Power 26 26 35 61 19 80 26 106 Misappropriation of Public 28 28 31 59 19 78 27 105 Funds Mismanagement 7 7 3 10 3 13 4 17 Moral Complaints 37 37 53 90 30 120 39 159 Total 98 98 122 220 71 291 96 387

Figure 11 shows the Category of LEADERSHIP complaints under investigation.

60 50 40 Abuse of Power 30 Misappropriation of funds 20 Mismanagement Moral Complaints 10 0 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr

Major Operations Activities 2011 Annual Report Page 14

Out of 387 cases that were recorded and investigated by the Leadership Division in 2011, a total of 203 investigations were completed and closed. There were 7 full reports produced with draft Right To Be Heards (RTBHs) progressed to the next level. 184 cases were carried over to 2012.

Figure 12 Summary – Categories of LEADERS investigated in 2011.

Qtr 1 Qtr 2 Qtr 3 Qtr 4 Category Actual YTD Actual YTD Actual YTD Actual YTD Overseas Mission Head 7 7 _ 7 6 13 9 22

Members of Parliament 26 26 52 78 30 108 48 156

Members of Provincial Assembly 7 7 9 16 8 24 8 32

Constitutional Office Holders 8 8 7 15 8 23 7 30

Members of LLG - Mayors and other 9 9 5 14 5 19 5 24 Leaders Departmental Heads 10 10 8 18 8 26 6 32

Provincial Administrators 5 5 5 10 6 16 5 21

Statutory Authority CEOs 6 6 5 11 5 16 5 21

Statutory Authority Board Heads 7 7 5 12 8 20 7 27 Other Statutory Bodies 6 6 6 12 5 17 5 22

Total 91 91 102 193 89 282 105 387

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.

Figure 13 Number of Annual Statements received from various categories of Leaders in 2011.

Const. Overseas Statutory Other Dept Provincial MPG Activity MPs Office Mission Authority Statutory Total Heads Administrators (ABG) Holders Heads CEO Board Bodies Annual Statement 106 19 39 12 9 2 17 42 38 284 Sent Annual Statement 103 18 37 12 8 2 16 31 36 263 Received in 3 months Annual Statement 3 1 1 0 0 0 0 0 2 7 Received after 3 months Annual Statements 14 not received 0 0 1 0 1 0 1 11 0 Submitted

Major Operations Activities 2011 Annual Report Page 15

A total of 284 Annual Statements were issued to the leaders in 2011. Out of the 284 Annual Statements issued to the leaders, 263 were returned to the Commission within the three months required period of time for the Statements to be returned. Seven (7) were returned after the required three-month period. By 31 December 2011, 14 Annual Statements were still not received from the leaders. The late and non – submission of Annual Statement by leaders represents 7.4 percent which is the lowest compared to 2010 which was 48 percent. The decrease in the rate of late and non-submission of Annual Statements by Leaders shows that the Leadership Tribunal on former Prime Minister Right Honourable Sir Michael Somare on Annual Statements in 2011 had an impact and showed that Annual Statements is not 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.

Experiences with Annual Statements in 2011 shows that more Leaders consult the Commission in seeking assistance to complete their Annual Statements on time; which is a good indication of co-operation between Leaders and the Commission rather than engaging consultants, professionals and established accounting firms which charge Leaders huge amounts of money to have their simple Annual Statements filled and returned to the Commission.

5.2 LEGAL SERVICES (OFFICE OF COUNSEL) The Office of Counsel provides to the Commission, the best possible Advice and Guidance, in accordance with the Constitution and all other laws, in particular the National Goals and Directive Principles and the Basic Rights and Basic Social Obligations, for the proper administration of the Commission and the enforcement of those laws, so as to diligently carry out the decisions and instructions of the Commission. It administers quality control over major outputs of the Commission; providing legal opinions based on law and sound constitutional principles; preparing right to be heard notices with minimum delay; referrals to the Public Prosecutor made with minimum delay; and providing timely opinions for the members of Commission on other matters including Judicial and Legal Services Commission and Public Services Commission matters. Its key result areas are classified as:

Advisory Services In its advisory jurisdiction, Ombudsman Commission recorded 430 advices which were dispatched to various parties, including leaders.

Directions under Section 27(4) of the Constitution Ombudsman Commission is empowered under Section 27(4) of the Constitution to give directions either generally or in a particular case, to ensure the attainment of the objects of the Leadership Code in the following circumstances:

a) 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.

b) The person being investigated is a person to whom Division III.2 (leadership code) of the Constitution applies.

c) The person being investigated is subject to Section 26 of the Constitution.

d) A matter being investigated relates to a leader’s conduct to whom the National Goals and Directive Principles, the Basic Rights and the Basic Social Obligations of the Constitution, and in particular the duty to act in the spirit of the Constitution, apply. e) The Ombudsman Commission determines that it is necessary to issue the Direction for the purpose of ensuring the attainment of the objects of Section 27 of the Constitution, in particular, protecting the integrity of leaders.

Out of Section 27(4) Directions the Commission has issued so far, majority of them were to prevent the misuse of public funds which were in most cases deposited into private accounts and withdrawn at will without compliance with the requirements of the Public Finances (Management) Act 1995 or the relevant guidelines for use and disbursements of these funds. In addition, the Commission has also used this power to issue Directions to stop hefty payouts to certain individuals that are not justified or sanctioned by law. Millions of kina in public funds have been saved by the use of these Directions. Section 27(4) Direction is an exceptional power that has been used to maintain the integrity of leaders and the integrity of Government in PNG. It has been used sparingly and with due consideration for the need to prevent the potential misuse of public funds and at the same time not to compromise implementation of government policy. The Commission acknowledges the need for speedy investigations and can have this concern addressed administratively.

Major Operations Activities 2011 Annual Report Page 16

In 2011, the Ombudsman Commission did not issue any directions under Section 27(4) of the Constitution.

Litigation Section 217 of the Constitution states that the proceedings of the Commission are not subject to review in any way, except by the Supreme Court or the National Court on the ground that it has exceeded its jurisdiction. It is common for one or more proceedings to be commenced against the Commission each year and to defend or prosecute cases for the Commission, Section 25(1)(a)(i) of the Organic Law on the Ombudsman Commission 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 and sound constitution.

In 2011, Ombudsman Commission continued to be involved in a wide range of court proceedings. There were no new cases registered but Commission was involved in one (1) District Court matter; two (2) Leadership Tribunals; two (2) National Court and three (3) Supreme Court matters. Of those cases, four (4) relate to challenge on Commission’s power on supervision of the enforcement of the Leadership Code, while two (2) relate to the challenge of its discretion to deal with appointment and discipline of staff under the Organic Law on the Ombudsman Commission and the other one was to do with bad debts by an officer. Commission was also involved in a Human Rights Proceedings by virtue of its powers under Section 218(b) of the Constitution.

The National Court also dismissed a long outstanding matter where a former officer challenged the appointment process of the Ombudsman Commission some years back. The former officer was appointed to act on the position when his contract expired until Commission decided to advertise and made a new appointment. The Supreme Court also dismissed a case which resulted in the progress and conclusion of a Leadership Tribunal. In addition to the new cases in 2011 there were matters from previous years which remain pending in both National and Supreme Courts.

Constitutional References The Ombudsman Commission is an institution that has standing to file Special Reference under Section 19 of the Constitution on any question relating to the interpretation and or application of constitutional law. This includes questions relating to the validity of a law or a proposed law. 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 2011 Commission did not file any Reference under Section 19 of the Constitution but was involved in one filed by the East Sepik Provincial Executive Council. It registered only two (2) fresh cases under Section 19 of the Constitution, while several cases remain pending, one of which was the reference on the Proposed amendments to the Constitution and the OLDRL in particular, the new subsection 27(5) of the Constitution would prohibit the Commission from issuing a Constitution Section 27(4) Direction if it would prevent the implementation of Government policy.

Referrals to the Public Prosecutor In 2011 Ombudsman Commission issued seven (7) rights to be heard notices and made two (2) referrals to the Public Prosecutor. The Commission referred Mr Fidelis Semoso Member for Bougainville Regional and Mr Mark Maipakai Member for Kikori.

Leadership Tribunals There were 3 separate Leadership Tribunals appointed by the Chief Justice to deal with outstanding referrals of which only one (1) was concluded by and before a three-men high profiled international Commonwealth judges, whilst 2 continue to 2012.

Major Operations Activities 2011 Annual Report Page 17

5.3 REGIONS & EXTERNAL RELATIONS

Government Bodies Liaison Program (GBLP) The major activity implemented in GBLP was Internal Complaint Handling Mechanism (ICHM) in Simbu and in the Papua New Guinea Defence Force. Below are the activities conducted in 2011:  Simbu Administration Complaints Desk o Workshop with Liaison Officer and the Complaints Officer o Workshop with Provincial Management Team & Provincial Coordination Management Committee o Draft policy developed on Public Complaints Desk

 PNGDF Memorandum of Agreement o MOA finalised by PNGDF & OCPNG working groups o Finalised MOA submitted to Commander of PNGDF and Chief Ombudsman for approval o Launching and signing of MOA scheduled for the first quarter of 2012

Public Education Program (PEP) In 2011, the Commission’s PEP activities were focused on tertiary institutions staff and students. The following Universities were visited whereby a Member of the Commission (MoC) spoke on the work of the Commission. o University of Technology o University of Natural Resources & Environment (Vudal) o Divine Word University (DWU) Madang Campus o University of Goroka (UoG) o Career Expo at University of PNG

Visits to Districts scheduled in 2011 were cancelled due to the high cost of air travel and due to the remoteness of their locations. However, some visits under the public education banner were still undertaken to: o Hanuabada village – Good News Ministry o Kerowagi District, Simbu Province o Kundiawa District, Simbu Province o Gembogle District, Simbu Province o Collaborative meeting with NBC on media awareness

Figure 14 A student collecting pamphlets displayed by the Commission in its visit to the University of Technology in Lae, Morobe Province.

Major Operations Activities 2011 Annual Report Page 18

Figure 15 Students of Divine Word University in Madang Province asking questions to Ombudsman John Nero after OC’s presentation at the DWU auditorium.

List of Government Bodies under GBLP Program Out of the Government Bodies (GBs) that joined from 2003 to 2010, Department of Education and the PNG Defence force were actively involved in the Government Bodies Liaison Program (GBLP) in 2011. Simbu Provincial Administration, East New Britain Provincial Administration and the Autonomous Region of Bougainville Administration were also actively involved in the GBLP.

See listing of GBs currently under the Commission’s GBLP in the Index page.

5.4 THE TRADITIONAL ROLE OF THE OMBUDSMAN COMMISSION The Ombudsman Commission is an institution that is required to provide a quick, flexible means of redress for aggrieved citizens affected by a form of administrative injustice.

Therefore, in its traditional role the Ombudsman Commission is seen as the institution that is available to assist ordinary citizens throughout the country who feel aggrieved by actions of the bureaucracy or any governmental body. The Constitutional Planning Committee focused on the need for the Commission to assist individual citizens in achieving administrative justice, the Constitution went one step further. It envisages a much broader role for the Commission to actively "help" in the work of governmental bodies.

The Constitution ensures that governmental bodies are “responsive”, efficient and effective in carrying out their statutory functions. The Ombudsman Commission is entrusted with the responsibility to lift the overall standards of public administration in Papua New Guinea. It does not exist simply to assist individual citizens but has a much broader constitutional mandate to protect the interest of its citizens against abuse by government agencies and departments.

This was a profound vision of our forefathers who planned and wrote the Constitution.

Investigating wrong conduct The Ombudsman’s traditional function allows 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.

Major Operations Activities 2011 Annual Report Page 19

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.

Own initiative investigation 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 Ombudsman Commission exists, not only to impose accountability, but also to expose corruption and to positively assist the public, particularly public servants and governmental bodies to do their jobs properly.

The wider purpose of the existence of the Ombudsman Commission has a clear conceptional basis in the Constitution.

5.5 COMPLAINTS INTAKE & SCREENING The Intake and Screening Unit is the entry point for the Ombudsman Commission. This is where complaints are received, registered and assessed. Complaints are either escalated to the next level or declined. A complaint is declined in the basis that it is out of the Commission’s jurisdiction or is seen to have been made with an ill intention to demean another person. In the instance that the Commission does not have the power to investigate a complaint, it provides assistance by pointing out to the complainant relevant authorities to seek help.

Complaints within the Commission’s jurisdiction are escalated to the Administrative Investigations Division and Leadership Division for further assessment and investigations.

In 2011, the Commission carried over 56 complaints from the previous year and received an additional 1,912 complaints, out of which 1,827 were completed. 141 were carried over to 2012.

Completion of complaints refers to complaints that are registered, assessed and closed due to the Commission’s non- jurisdictions.

Figure 16 shows the total complaints received by the Commission in 2011.

Major Operations Activities 2011 Annual Report Page 20

Complaints Summary for 2011 The following graphs from Figure 17 to Figure 20 give a summary of the type of complaint issues, complaints against government bodies, complaints received by each province and complaints received according to gender.

Figure 17 shows the top five complaint issues. Figure 18 shows complaints against Government Bodies (GBs).

Figure 19 shows complaints received by provinces. Figure 20 shows complaints received by gender.

5.6 ADMINISTRATIVE INVESTIGATIONS

Investigations conducted during the year The total investigation case load in 2011 was 298 cases. This included 178 new complaints escalated to investigation stage during 2011 and 120 cases which were carried over from 2010. A total of 175 investigations were completed which included cases opened in 2011 and some of the carry over cases from 2010. The balance of 123 cases was carried over to 2012. The agencies which had the most cases investigated against in 2011 were the Royal Papua New Guinea Constabulary (35 cases), the Department of Education (20 cases), the Department of Correctional Services (13 cases), the Department of Lands (9 cases) and the Departments of Defence and Finance with 7 cases each. The significant statistic was the decrease in the number of cases investigated against the Department of Correctional Services from 32 in 2010 to 13 in 2011. Also the entry into the top five agencies by the Department of Lands (9 cases) and the Departments of Defence and Finance with 7 cases each.

Major Operations Activities 2011 Annual Report Page 21

Investigation Reports Investigation into the conduct of the Chief Executive Officer (CEO) and Chairman of the National Economic & Fiscal Commission (NEFC)

During the year the Commission completed two reports which were tabled in Parliament. The first report was related to an investigation into the conduct of the Chief Executive Officer (CEO) and Chairman of the National Economic & Fiscal Commission (NEFC) Dr. Nao Badu for failing to declare his interest in the decision-making process for the expenditure of monies belonging to the NEFC.

The Ombudsman Commission observed that the CEO & Chairman of NEFC acted wrongly and abused his Office by awarding contracts to his family owned business and that of his former Executive Secretary. He deliberately failed to declare his interest in matters considered by the NEFC leading to the expenditure of public funds. This amounts to an abuse of office for personal gain thus tarnishing the integrity of the office he holds.

The report was presented to the Speaker of Parliament to be tabled before Parliament within eight (8) sitting days of the Parliament pursuant to Section 23(1) (d) of the Organic Law on the Ombudsman Commission.

The Ombudsman Commission requested recipients of the recommendations to respond advising how they propose to implement the recommendations within 21 days from the date of receipt of the report.

Investigation into a complaint against the National Housing Corporation regarding property at Section 119, Allotment 8, Unit 16 and 17, Saraga Street, Boroko, NCD

The second report was regarding an investigation into a complaint against the National Housing Corporation (NHC) based on a complaint lodged by an affected tenant of a NHC duplex property at Section 119 Allotment 8, Unit 16 and 17, Saraga Street, Boroko, NCD.

Our investigation revealed administrative deficiencies and non compliance with legislative requirements. It appears that the NHC’s current practice on the sale of dwelling by instalment is not consistent with the legislative model on the sale of dwelling under Part IV Division 2 of the National Housing Corporation Act 1990. There was no contract of sale and execution of mortgage at the beginning of the sale process.

Two purchasers were purchasing a property under a purported mortgage instalment without having a legal title. The property which includes land remained with NHC and there was no subdivision with two separate descriptions and no title transferred to both parties at the beginning of the process of sale in order to constitute a valid mortgage over the property. Some administrative deficiencies are highlighted in the report include the NHC’s lack of proper management and maintenance of property records.

In its report to Parliament the Ombudsman Commission recommended that NHC should follow the legislation in the sale of dwelling and also improve its record keeping.

The graphs from Figure 21 to Figure 23 indicate the percentage of remedy granted on complaints investigated, complaints investigated against agencies and complaints investigated by province.

Figure 21 on the right shows remedy granted on complaints investigated by the Commission.

Major Operations Activities 2011 Annual Report Page 22

Figure 22 shows top 10 agencies out of 57 agencies investigated in 2011. Figure 23 shows complaints investigated by Provinces.

Anti-Discrimination and Human Rights Activities The Commission has an Anti-Discrimination and Human Rights Unit (ADHRU) which deals with human rights related cases and activities. The Commission through the ADHRU has been a member of several Interdepartmental Task Forces which are working on legislation and other reports relating to human rights. The Commission is a member of the Technical Working Group which has been involved in the consultation and drafting of the National Human Rights Commission bill. The draft legislation was completed and submitted to the Minister for Justice to bring it to NEC for approval.

The Commission is also a member of the Task Force to review the Sorcery Act and was also involved and participated in the development of FSV- Family and Sexual Violence legislative reform to explicitly ban all forms of Corporal punishment which was undertaken by the Constitutional and Law Reform Commission (CLRC). The Commission is also part of the Task Force which prepared the Universal Periodic Review (UPR) Report (State Report) which was presented to the United Nations Human Rights Council in Geneva, by the Minister for Foreign Affairs in May 2011.

Human Rights awareness presentations were carried out in some schools in Port Moresby in 2011.

Human Rights Training was carried out with the PNG Red Cross and Meri –Safe Haus (Four Square Church). An officer of the Commission was also engaged as a resource person at the Pacific Islands Human Rights Defenders Workshop training in Suva, Fiji. The Commission also facilitated at the Human rights training of Senior Prison officers carried out by United Nations High Commissioner for Human Rights.

Police Oversight The Police Oversight Activity came about because of the increasing number of complaints against Police by the public and the lack of proper investigation taken against offending members of the Police Force. Recommendation 29 of the Police Administrative Review Report 2004 recommended for the establishment of an independent accountability and review mechanism and a separate police ombudsman appointed. The Ombudsman Commission was recommended to implement the recommendation. In 2007 the Ombudsman Commission and Royal Papua New Guinea Constabulary signed the Memorandum of Agreement to work together to restore accountability and integrity to the Royal Papua New Guinea Constabulary. The Ombudsman Commission oversighted and reviewed the investigations conducted by RPNGC to date. The Police Administrative Review Report 2004 Recommendation 29 was implemented through Memorandum of Agreement (MOA) from 2007 to 2011. In 2011 the Steering Committee and Working Group worked on the proposed legislation to codify the arrangement. With the recruitment of a legislation drafter the first draft legislation was completed towards the end of December 2011. The draft legislation consultation between the drafter and the Working Group will be done in 2012.

Other Police Oversight Activities undertaken in 2011 included the training of Internal Investigation Units and Ombudsman Commission Regional Officers and the investigation of high profile cases. The objective of the training was to train the regional officers of the two organizations to implement the MOA in their respective regions. The training was conducted in Kokopo for New Guinea Islands Region, Autonomous Region of Bougainville, Madang for MOMASE Region and Mt Hagen for Highlands

Major Operations Activities 2011 Annual Report Page 23

Region. The training was attended by the Regional Commanders, Provincial Police Commanders and the Internal Investigation Unit or Criminal Investigation Unit Officers and the Ombudsman Commission Officers. After the training the officers in the Regions were to share information and conduct investigations into high profile cases.

Two high profile investigations were conducted in 2011 these include the alleged Tri-Killing case in East New Britain Province and alleged maladministration and misappropriation by the Provincial Police Commander in Western Province. The investigation into the former case resulted in the arrest of the two prime suspects and a police officer who alleged to have received bribe to drop the case and the suspension and charging of the Provincial Police Commander.

The Police Oversight Arrangement between Ombudsman Commission and the Royal Papua New Guinea Constabulary is proving to be successful. There is hope to restore integrity, accountability and lost confidence of the people to the Royal Papua New Guinea Constabulary.

5.7 CASE SUMMARIES The following are some of the complaints received by the Ombudsman Commission that were successfully resolved in 2011.

1. RAPE IN POLICE CUSTODY

A female detainee at Bomana Prison lodged a complaint with the Ombudsman Commission alleging that she was sexually assaulted for several months by a high ranking police officer whilst in police custody

at one of the Police Station in the National Capital District. The woman later became pregnant and

gave birth to a baby girl while in prison.

The Ombudsman Commission raised the issue with the Commissioner of Police and Internal Affairs Directorate under the Police Ombudsman Memorandum of Agreement. The Police officer was investigated and dismissed from the Royal Papua New Guinea Constabulary. The complainant was happy that justice was finally done with the Ombudsman Commission’s intervention.

2. DOMESTIC VIOLENCE AND SEXUAL ABUSE BY POLICE OFFICER

This is a case of women being subdued to domestic violence and sexual abuse by husbands in the families. A police officer tortured and sexually abused his wife for 6 years since their marriage. She lodged a formal complaint with the Police Internal Affairs Directorate and Domestic Violence and Sexual Abuse Unit of the Police but no action was taken by Police.

The woman lodged the complaint with the Ombudsman Commission. The Ombudsman Commission referred the matter to the Police Commissioner and Internal Affairs Directorate under the Police Ombudsman MOA. The police officer was investigated, charged and dismissed from the Royal Papua New Guinea Constabulary. The complainant was informed of the outcome of the investigation.

Major Operations Activities 2011 Annual Report Page 24

3. POLICE INACTION

The Ombudsman Commission received a complaint from the public alleging Police Criminal Investigation Detectives receiving bribes and not investigating tri killings at a plantation in East New Britain Province in 2008. The case was referred to the office of the Police Commissioner and Internal Affairs

Directorate. An investigation was conducted by the Internal Affairs Directorate officers and

oversighted by Ombudsman Commission in 2011. Three suspects were arrested and charged for wilful

murder and a Police officer charged for accepting bribery and delaying the investigation.

4. DISCONNECTED WATER SUPPLY TO GOVERNMENT HOSTEL

The tenants of a Government Hostel in the National Capital District made a complaint to the

Commission against the National Housing Corporation (NHC) alleging that they have been without water for some time. The water company Eda Ranu had disconnected the water into the hostel due to non payment of water bills by NHC.

After inquiries the Commission was informed by NHC that the outstanding water bills for the Hostel was paid to Eda Ranu. The Commission upon inspection of the hostel confirmed that the water was reconnected and the tenants were satisfied. NHC was advised of the satisfactory result and the matter was closed.

5. DELAY IN TRANSFER OF TITLE

Ombudsman Commission received a complaint against National Housing Corporation (NHC) alleging that

the NHC had unfairly delayed the transfer of title to a property described as Sec 21 Lot 7, Alotau in

Milne Bay Province after the property was fully purchased.

The Commission conducted its investigation into the complaint and found that the complainant had applied to the NHC to purchase the property in 1991 under the Government Sale-Off Scheme which was accepted by NHC. An agreement was signed between NHC and the complainant for a fortnightly deduction of K122.00 for the instalment purchase of the property over a period of time that totalled K15, 469.00. The instalment payment was completed and the purchase was published in the National Gazette No. G42 – 23rd June 1994. However in spite of the full payment and purchase of the property, NHC did not finalise and transfer the title of the property to the complainant since 1994.

The NHC in consultation with the Commission verified and confirmed the sale documents, the payment receipts and the conveyance fees, and then prepared the transfer documents and lodged them with the Office of the Registrar of Titles.

The Office of Registrar of Titles registered the title to the mentioned property and passed it onto the complainant who confirmed receipt of title and the matter was closed.

Major Operations Activities 2011 Annual Report Page 25

6. UNFAIR SUSPENSION FROM DUTY AND PAYROLL

A Teacher with the Goroka Secondary School lodged a complaint to the Commission and alleged that he was unfairly suspended from duty and payroll by the Provincial Education Advisor in the Eastern Highlands Provincial Administration in 2011.

The Commission conducted its inquiry into the matter against the Eastern Highlands Provincial Education Board and found that the complainant was not suspended nor was he put off the payroll. It also found that he was not allocated a teaching position in Eastern Highlands as his preference was to

teach in the Chimbu Province in 2011. In addition, the National Department of Education did not

advertise the 2011 teacher vacancies throughout the country in late 2010 hence the Provinces were

conducting internal teacher appointments based on local vacant positions. As a result, the complainant

was not allocated a position but was still on full pay from January to March 2011.

However when the Teaching Services Commission was made aware of the problem it directed Eastern Highlands Provincial Education Board and the Teacher Appointment Committee to re-instate the complainant back to his level 4 position at Goroka Secondary School in April 2011. He however did not inform the Commission of his reinstatement. The Eastern Highlands Provincial Administration advised the Commission that the complaint had been resolved and upon this advice the matter was closed.

7. INVESTIGATION REPORT INTO THE CONDUCT OF DR NAO BADU, CHAIRMAN AND CEO OF NATIONAL ECONOMIC AND FISCAL COMMISSION (NEFC)

The Ombudsman Commission conducted an investigation into the conduct of the Chief Executive Officer (CEO) and Chairman of the National Economic & Fiscal Commission (NEFC) Dr. Nao Badu for failing to declare his interest in the decision-making process for the expenditure of monies belonging to the NEFC.

It was alleged among others that he abused his powers as Chairman and Section 32 Officer under the PFMA by awarding contracts to his family company and that he had failed to declare his indirect or direct interest in matters being considered or about to be considered by the NEFC at the meeting of

the NEFC.

The Commission’s investigation found that there were many irregularities surrounding the expenditure of public funds and procurement of goods/services. And also the financial management process included no declaration by the CEO of his interest in matters before him, utilization of official information for his own benefit, awarding of contracts to his family business and that there was no additional Section 32 officer for proper checks & balances of the finances of NEFC.

The Ombudsman Commission in its report which was tabled in Parliament, recommended the termination of Dr Nao Badu from his current position, the Organizational Structure of NEFC to be implemented with appointment of the Director and Deputy Director (Operations) as approved by the Department of Personnel Management in 2007 and the Chairman and CEO of NEFC to appoint two additional Section 32 officers consistent with Section 32 of the Public Finances (Management) Act for proper control, monitoring and financial management of public funds.

Major Operations Activities 2011 Annual Report Page 26

Continued…

The report was presented to the Speaker of Parliament to be tabled before Parliament within eight (8) sitting days of the Parliament pursuant to Section 23(1) (d) of the Organic Law on the Ombudsman Commission.

The Ombudsman Commission requested recipients of the recommendations to respond by advising how they propose to implement the recommendations within 21 days from the date of receipt of the report.

8. ALLEGED NON PAYMENT OF OUTSTANDING LEAVE ENTITLEMENTS

The complainant was previously employed by the Teaching Services Commission (TSC) and taught in various schools throughout the country. His last posting was in the Central Province and he was retired

from active duties in November 2010. He was paid his entitlements, but less the outstanding Biennial

Recreational Leave Fares from 2004, 2006 and 2008.

He raised the matter with the Teaching Services Commission (TSC) and the Department of Education (DoE) and he was advised by TSC to go to Central Provincial Administration (CPA), but CPA refused his claims without any proper reasoning.

He then approached the Commission and enquiries conducted revealed that he was entitled to his outstanding leave fare entitlement. On further follow up with CPA he was paid his outstanding entitlements in December 2010.

9. ALLEGED UNPAID LEAVE FARES FOR TWO CONSECUTIVE LEAVE PERIODS 2006 AND 2009

The complainant is currently employed by Western Provincial Administration. In 2007 and 2009 she

went on her recreation leave, however she was not paid her leave fares.

Upon commencement of the investigations we were advised by the Western Provincial Administration that they would look into the matter. A month later the complainant was paid her leave fares.

Major Operations Activities 2011 Annual Report Page 27

10. ALLEGED UNAUTHORISED SALARY DEDUCTIONS TO PNGTA BY DEPARTMENT OF EDUCATION

The complainant is a teacher in Bougainville who complained that the Department of Education had erroneously deducted a total K4, 673.40 to the Papua New Guinea Teachers Association (PNGTA) instead of the Teachers Savings and Loan Society (TSL).

He complained to the Ombudsman Commission that he had made numerous unsuccessful attempts to get the Department of Education to repay him the money that was deducted and paid to PNGTA without his authority.

We commenced our investigation and confirmed with both the Department of Education and PNGTA that they had in fact made the deduction to PNGTA but nobody had made any attempt to repay the money to the complainant. With the Commission’s constant follow up, the complainant was paid the amount of K4, 673.40 which he had tried unsuccessfully to recoup over the years.

He confirmed receipt of the payment in his account and the file on the matter was closed.

11. INVESTIGATIONS INTO THE NATIONAL HOUSING CORPORATION

This is an investigation into a complaint lodged by Mr AU, the tenant purchaser of a duplex property at Section 119 Allotment 8, Unit 16 and 17, Saraga Street, Boroko, NCD. The property was registered under a land title Volume 25 Folio 133. Mr AU and Mr RI were tenants of Unit 16 and 17 of the duplex property. Both had purchasing agreements with the NHC to purchase the separate units by mortgage instalments. They had been paying through fortnightly deductions. Despite these arrangements, the NHC sold the whole property without subdivision and transferred the title to the tenant of Unit 16, Mr RI. Mr RI then sold the same to a third party, Mr ST. These transactions happened without the knowledge and consent of the other tenant purchaser Mr AU. Mr AU was still paying under the mortgage instalment arrangements even after the sale of the duplex property.

The Commission’s investigation revealed administrative deficiencies and non compliance with legislative

requirements. It appeared that the NHC’s current practice on the sale of dwelling by instalment is not

consistent with the legislative model on the sale of dwelling under Part IV Division 2 of the National

Housing Corporation Act 1990. There was no contract of sale and execution of mortgage at the

beginning of the sale process.

Both purchasers were purchasing a property under a purported mortgage instalment without having a legal title. The property which includes land remained with NHC and there was no subdivision with two separate descriptions and no title transferred to both parties at the beginning of the process of sale in order to constitute a valid mortgage over the property. Some administrative deficiencies are highlighted in the report.

The NHC lacked in proper management and maintenance of property records and there was no policy consistent with the legislative model as discussed in the report.

In its report to Parliament, the Ombudsman Commission recommended that NHC should follow the legislation in the sale of dwelling and also improve its record keeping.

Major Operations Activities 2011 Annual Report Page 28

12. UNFAIR DELAY IN RELEASING FUNDS

In October 2010, the Ombudsman Commission commenced an investigation into a complaint alleging unfair delay in releasing funds earmarked for a certain Secondary School and Vocational School.

The funds were alleged to be released by the Department of National Planning and Monitoring. The two schools were allocated Five Hundred Thousand Kina (K500, 000.00) and Three Million Kina (K3, 000,000.00) respectively.

The Commission’s investigation revealed that the K3, 000,000.00 Cheque was presented to the Bank on

three different occasions however was dishonored due to insufficient funds. The investigation team obtained a copy of the dishonored Cheque from the Provincial Treasury Office as evidence.

In regard to the K500, 000.00 Cheque, the investigation team found that the funds were released to a Parliament approved Restoration Authority for implementation of planned projects for the school.

Investigation was discontinued based on those findings.

13. ALLEGED NEGLIGENCE OF CS OFFICERS RESULTS IN PRISONERS DEATH

The Commission received a complaint from a prisoner about the alleged negligence of health treatment for prisoners at Giligili Correctional Institution.

The prisoner complained in regards to the recent death of another inmate in August 2011 due to a long illness he had suffered from while serving his sentence at Giligili. He alleged that the Giligili CS command and management were negligent of their duties in ensuring that the sick inmate was brought to Alotau Hospital to be treated.

At the initial stage of his sickness, the late inmate was taken to Alotau General Hospital and a number of admissions done but the CS officers did not allow him to stay in the Hospital to complete his treatment for recovery despite the doctors’ report for him to have close medical attention and admittance at the hospital. The Giligili medical post was inadequate in providing the necessary medication. This resulted in his condition worsening which eventually led to his death.

Such practices by CS officers have resulted in the deaths of four detainees so far between 2008 and 2011, all during the current management at Giligili Correctional Institution.

The Commission is of the view that as persons deprived of their liberty; detainees should be treated with humanity and be given adequate medical treatment with respect for the inherent dignity of the human person.

Due to his status as a detainee under the control and supervision of CS officers, the prisoner brought this issue to the Ombudsman Commission to give attention to the needs of detainees at Giligili to prevent further deaths and for adequate medical treatment.

The matter was brought to the attention of Mr. Martin Balthazar Acting Commissioner and Giligili CS authorities to deal with.

Major Operations Activities 2011 Annual Report Page 29

14. INMATE SEEKS OC’S ASSISTANCE FOR SAFE CUSTODY OF HER CHILDREN

A prisoner at Bomana Female Prison in Port Moresby complained that her children were being abused

and mistreated by her husband and his new wife. She is the first wife of her husband and after marriage problems which led to the alleged murder of the lover of her husband; she was now in remand at Bomana. For those reasons and the complaints from her children of their suffering, she wanted the Ombudsman Commission (OC) to assist have her children brought to a safe place away from their home.

The Bomana Corrective Institution involvement in this case comes under the jurisdiction of the OC, however the issue regarding her children are a private matter between individuals and their family and don’t come under the jurisdiction of OC.

A referral to the appropriate Government Agency being the Welfare division of the Department of Community Development would be the means to addressing this issue.

However, upon enquiry with the CS officers, OC was advised that the complainant has successfully been cleared of her charges in Court and had been set free. Therefore she is no longer an inmate at Bomana female prison.

Major Operations Activities 2011 Annual Report Page 30

6. AUDITED FINANCIAL REPORT

Audited Financial Report 2011 Annual Report Page 31

Audited Financial Report 2011 Annual Report Page 32

Audited Financial Report 2011 Annual Report Page 33

Audited Financial Report 2011 Annual Report Page 34

Audited Financial Report 2011 Annual Report Page 35

Audited Financial Report 2011 Annual Report Page 36

Audited Financial Report 2011 Annual Report Page 37

Audited Financial Report 2011 Annual Report Page 38

Audited Financial Report 2011 Annual Report Page 39

Audited Financial Report 2011 Annual Report Page 40

Audited Financial Report 2011 Annual Report Page 41

Audited Financial Report 2011 Annual Report Page 42

Audited Financial Report 2011 Annual Report Page 43

Audited Financial Report 2011 Annual Report Page 44

7. ORGANISATIONAL STRUCTURE – OMBUDSMAN COMMISSION OF PAPUA NEW GUINEA

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 2011 Annual Report Page 45

8. APPENDICES

APPENDIX I Major Reports produced by the Commission under Section 22 of the Organic Law on the Ombudsman Commission as at 31 December 2011

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

Appendices 2011 Annual Report Page 46

Continued…

Date Published Name of Report

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

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 November 1999 Investigation into the Purchase of the Conservatory Cairns by Public Officers Superannuation Fund Board and 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 2011 Annual Report Page 47

APPENDIX II Leaders Referred for prosecution by the Ombudsman Commission under the Leadership Code as at 31 December 2011

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

28 ANDREW POSAI MP; Minister for Forests 1995 Guilty – dismissed – judicial review unsuccessful 29 JOHN NILKARE MP; Minister for Village Services 1995 Guilty – dismissed – later reviewed by Supreme Court and Provincial Affairs – penalty altered to fine

Appendices 2011 Annual Report Page 48

Continued… No LEADER OFFICE YEAR RESULT 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. Leader is reinstated as member of Parliament for Ussino-Bundi. Appeal by the Public Prosecutor is pending. 37 AMOS YAMANDI MP 1997 Lost office in election 38 JERRY SINGIROK Commander of the Defence Force 1999 Guilty – dismissed – judicial review unsuccessful 39 MICHAEL GENE Secretary, Department of Attorney- 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 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.

Appendices 2011 Annual Report Page 49

Continued… No LEADER OFFICE YEAR RESULT 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 Supreme Court 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 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.

Appendices 2011 Annual Report Page 50

Continued…

No LEADER OFFICE YEAR RESULT 78 CHRIS HAIVETA MP, Governor of Gulf Province 2006 Pending. 79 GUAO ZURENUOC MP, member for Finchaffen Open 2006 Pending

80 ARTHUR SOMARE MP, minister for Planning & 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 Pending

82 SIR MOI AVEI MP, Deputy Prime Minister and 2006 Presently before a Leadership Tribunal. Minister for Mining 83 JOHN MUINGNEPE MP, member for Bulolo Open 2006 Pending 84 FRED MALIUPA MPA, member of Madang Provincial 2006 Pending Assembly and President, Usino Local-level Government 85 HAMI YAWARI MP, Governor of Southern Highlands 2006 Pending 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 Pending Commission 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 Pending appointment of Leadership Tribunal Assembly and Prime Minister SOMARE 91 PATRICK PRUAITCH MP, Member for Aitape-Lumi Open 2009 Pending Tribunal appointed but Court matter and Minister for Treasury and Finance pending

92 RICHARD CHARLES Commissioner of Correctional 2009 Pending services SIKANI

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 Resource and Geo-hazards Management for re-appointment

95 JOSEPH LELANG Secretary, Department of National 2011 Guilty of 5 allegations. Fine of K1000 each Planning & Monitoring allegation. A total of K5000.

Appendices 2011 Annual Report Page 51

Continued… 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 to 8, Fine of K500 for each allegation and Relations and District Development 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 TAMSEN Public Services Commission for re-appointment

Appendices 2011 Annual Report Page 52

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 2011 Annual Report Page 53

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

Raho Hitolo, MBE Peter Masi Ila Geno Ombudsman Ombudsman Chief Ombudsman 06.01.99 – 05.01.05 23.05.01 - 03.05.07 01.01.01 - 01.07.08

Appendices 2011 Annual Report Page 54

APPENDIX V LIST OF ABBREVIATIONS

ABG Autonomous Bougainville Government MoC Members of Commission ACLEI Australian Commission for Law MBA Masters in Business Administration Enforcement Integrity MP Member of Parliament ACT Australian Capital Territory MPG Member of Provincial Government ADHRU Anti-Discrimination & Human Rights Unit NCD National Capital District ANU Australian National University NEFC National Economic & Fiscal Commission ASAU Annual Statement Assessment Unit NSW New South Wales APOR Australasian & Pacific Ombudsman NHC National Housing Commission Region OL Order of Logohu APSC Australian Public Service Anti-Corruption OLOC Organic Law on Ombudsman BAC Bachelor of Commerce Commission CEO Chief Executive Officer OLDRL Organic Law on Duties and CLRC Constitutional & Law Reform Committee Responsibilities of Leadership CS Correctional Service OC Ombudsman Commission CPA Central Provincial Administration OCPNG Ombudsman Commission of Papua New CPA PNG Certified Practicing Accountants of Guinea Papua New Guinea PEP Public Education Program DoC Department of Works PFMA Public Finance Management Act DWU Divine Word University PNGDF Papua New Guinea Defence Force FSV Family & Sexual Violence PNGIPA Papua New Guinea Institute of Public GB Government Body Administration GBLP Government Bodies Liaison Program PNGTA Papua New Guinea Teachers GoPNG Government of Papua New Guinea Association IAD Internal Affairs Directorate POA Pacific Ombudsman Alliance ICHM Internal Complaints Handling Mechanism QTR Quarter IAACA International Association of Anti- RTBH Right To Be Heard Corruption Authority RPNGC Royal Papua New Guinea Constabulary ISACA Information Systems Audit & Control TSC Teachers Services Commission Association TSL Teachers Savings & Loan Society LO Liaison Officer UPNG University of Papua New Guinea LLG Local Level Government UPR Universal Periodic Review LLB Bachelor in Law UoG University of Goroka LLM Masters in Law YTD Year To Date MOA Memorandum of Agreement

Appendices 2011 Annual Report Page 55

APPENDIX VI Contact Details

HEADQUARTERS

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 Ombudsman Commission of Papua New Guinea