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Village Courts (Amendment) Act 2014 - No. 7 of 2014

PAPUA NEW GUINEA


VILLAGE COURTS (AMENDMENT) ACT 2014


No. 7 of 2014
Certified on: 22 MAY 2014


ARRANGEMENT OF SECTIONS.

1. New Section 1A.

"1A. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS."

2. Interpretation (Amendment of Section 1).
3. New Sections 2A and 2B.

"2A. OBJECTS OF THIS ACT."
"2B. VILLAGE COURT PRINCIPLES."

4. Village Court Secretariat (Amendment of Section 3).
5. Minister may cause inspection (Amendment of Section 10).
6. New Section 14A.

"14A. NUMBER OF VILLAGE COURT OFFICIALS."

7. Recommendations as to appointment of Village Magistrates (Amendment of Section 16).
8. New Sections 16A and 16B.

"16A. CRITERIA FOR RECOMMENDATIONS UNDER SECTION 16"

"16B. TIME FOR RECOMMENDATIONS UNDER SECTION 16."

9. Appointment of Village Magistrates (Amendment of Section 17).
10. New Section 18A.

"18A. PERIOD OF APPOINTMENT OF VILLAGE MAGISTRATES, CHAIRMAN AND DEPUTY CHAIRMAN."

11. New Section 19A.

"19A. REVIEW OF PERFORMANCE OF VILLAGE MAGISTRATES."

12. Revocation of appointments of Village Magistrates (Amendment of Section 20).
13. Suspension of Village Magistrates (Amendment of Section 21).
14. Appointment of Village Court Clerk, etc., (Amendment of Section 22).
15. Suspension of Village Court Clerk, etc., (Amendment of Section 25).
16. Appointment of Village Peace Officers (Amendment of Section 26).
17. General functions and duties of Village Peace Officers (Amendment of Section 28).
18. Suspension of Village Peace Officers (Amendment of Section 33).
19. New Sections 40A and 40B.

"40A. VILLAGE COURTS AND CHILDREN."
"40B. RESTRICTION OF PUBLICATION OF PROCEEDINGS."

20. Extent of jurisdiction (Amendment of Section 41).
21. Penalties (Amendment of Section 42).
22. Order to perform work (Amendment of Section 44).
23. Orders for compensation, damages and debt (Amendment of Section 45).
24. Repeal and replacement of Section 48.

"48. LIMITS OF CIVIL JURISDICTION."
"48A. CUSTOMARY MARRIAGE."
"48B. MOTOR VEHICLES AND SMALL CRAFT."

25. Preventive Orders (Amendment of Section 51).
26. Exercise of mediatory jurisdiction (Amendment of Section 53).
27. Settlements (Amendment of Section 54).
28. Application of custom (Amendment of Section 57).
29. General Law (Amendment of Section 58).
30. Evidence etc., (Amendment of Section 59).
31. Endorsement of order for imprisonment (Amendment of Section 68).
32. Where convicted person is under 17 years (Amendment of Section 69).
33. Failure to obey certain orders (Amendment of Section 73).
34. Order to pay compensation etc., (Amendment of Section 74).
35. Decision on appeal or review (Amendment of Section 92).
36. Badges and insignia of office (Amendment of Section 106).
37. New Sections 111A -111C.

"111A. RECORDS OF ORDERS OF VILLAGE COURTS."
"111B. DELEGATION."
"111C. NATIONAL STANDARDS."

38. General amending provision.
39. Savings and transitional provisions.


AN ACT

entitled

Village Courts (Amendment) Act 2014,

Being an Act to amend the Village Courts Act 1989, and for related purposes,

MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with the advice of the Minister.

  1. NEW SECTION 1A.

(1) The Principal Act is amended by inserting, after Section 1, the following new section:

"1A. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS.
This Law, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely -
is a law that is made for the purposes of giving effect to the public interest in public order and public welfare.".
  1. INTERPRETATION (AMENDMENT OF SECTION 1).

Section 1 of the Principal Act is amended by -

(a) inserting the following definitions in their correct alphabetical order:
(b) deleting the definitions of "Provincial Minister" and "Secretary.".
  1. NEW SECTIONS 2A AND 2B.

(1) The Principal Act is amended by inserting, after Section 2, the following new sections:

"2A. OBJECTS OF THIS ACT.
The objects of this Act are -
2B. VILLAGE COURT PRINCIPLES.
(1) The objects of this Act are to be achieved through the application of the following principles:
(2) A decision of a Village Court made in accordance with custom is of no force and effect to the extent that -
(3) In this section "law of Papua New Guinea" means the laws as stipulated in Section 9 of the Constitution.".
  1. VILLAGE COURT SECRETARIAT (AMENDMENT OF SECTION 3).

Section 3 of the Principal Act is amended by adding the following new subsections after Subsection (2) as follows:

"(3) In performing its functions under Subsection (2), the Village Courts Secretariat must -

(4) The Director is responsible for the day to day management and oversight of the Village Courts Secretariat.

(5) The Director may, in writing, delegate all or any of his or her powers or functions, other than this power of delegation, to an officer or employee of the Village Courts Secretariat or a Provincial Administration.

(6) A delegation is subject to such conditions and limitations as are specified in the instrument of delegation.".

  1. MINISTER MAY CAUSE INSPECTION (AMENDMENT OF SECTION 10).

Section 10 of the Principal Act is amended by inserting the words "direct the Director to" after the word "may".

  1. NEW SECTION 14A.

Part IV of the Principal Act is amended in Division 1 by inserting a new section before Section 15 as follows:

"14A. NUMBER OF VILLAGE COURT OFFICIALS.
(1) Subject to Subsections (2) and (3), the number of Village Court Officials for a Village Court must not exceed eleven.
(2) The Director may, in writing, determine that more than eleven Village Court officials are required for a Village Court if the Director is satisfied that -
(3) The Director must specify in the determination the number of additional Village Court Officials required for a Village Court and that additional number must not exceed four.
(4) This section does not apply to Village Court Officials appointed before the commencement of this Act.".
  1. RECOMMENDATIONS AS TO APPOINTMENT OF VILLAGE MAGISTRATES (AMENDMENT OF SECTION 16).

Section 16 of the Principal Act is amended by -

(a) deleting the words "As soon as practicable after" and substituting them with the word "Following"; and
(b) inserting, after the word "persons" (third occurring), the following:
  1. NEW SECTIONS 16A AND 16B.

The Principal Act is amended by inserting after Section 16 the following new sections:

"16A. CRITERIA FOR RECOMMENDATIONS UNDER SECTION 16.
(1) Subject to Subsection (2), the Director may submit a person's name under Section 16, if the Director is satisfied that the person -
(2) The Director must not submit a person's name under Section 16 if the person -
(3) In this section, a person has a criminal record if the person has been convicted of an offence by a court in Papua New Guinea or elsewhere, before, on or after the date of commencement of this Act.
16B. TIME FOR RECOMMENDATIONS UNDER SECTION 16.
The Director must submit a person's name under Section 16 within 2 months after -
  1. APPOINTMENT OF VILLAGE MAGISTRATES (AMENDMENT OF SECTION 17).

Section 17 of the Principal Act is amended by -

(a) inserting ", (2A)" after "(2)" in Subsection (1); and
(b) inserting after Subsection (2) the following new subsection:
  1. NEW SECTION 18A.

The Principal Act is amended by inserting, after Section 18, the following new section:

"18A. PERIOD OF APPOINTMENT OF VILLAGE MAGISTRATES, CHAIRMAN AND DEPUTY CHAIRMAN.
(1) A Village Magistrate appointed under Section 17 shall hold office for a term of three years and is eligible for reappointment.
(2) The Chairman and the Deputy Chairman of a Village Court of a Village Court shall be appointed for a term of three years and are eligible for reappointment.".
  1. NEW SECTION 19A.

The Principal Act is amended by inserting, after Section 19, the following new section:

"19A. REVIEW OF PERFORMANCE OF VILLAGE MAGISTRATES.
(1) As far as practicable, the Director must cause a review of the performance of each Village Magistrate to be undertaken once in every 3 years by officers of the Provincial Administration of the province in which the Village Court is situated.
(2) Upon the completion of the review, the officer undertaking the review must prepare a written report, and give a copy of the report to the Director and the Provincial Administrator.
(3) To avoid doubt, this section applied to a Village Magistrate appointed before, on or after the commencement of this Act.".
  1. REVOCATION OF APPOINTMENT OF VILLAGE MAGISTRATES (AMENDMENT OF SECTION 20).

Section 20 of the Principal Act is amended by inserting after Paragraph (c) the following new paragraphs:

"(ca) if he is convicted in Papua New Guinea of an offence or is convicted elsewhere by a court for or in respect of an act or omission that would, had it taken place in Papua New Guinea, have constituted an offence; or
(cb) if he becomes a member of a political party; or
(cc) if he stands for election to the National Parliament or a Local-level Government; or
(cd) if he is appointed as a member of a Provincial Assembly or a Local-level Government; or
(ce) if his performance as a Village Magistrate is unsatisfactory under a performance review under Section 19A; or".
  1. SUSPENSION OF VILLAGE MAGISTRATES (AMENDMENT OF SECTION 21).

Section 21 of the Principal Act is amended by adding at the end of the provision, the following new subsection:

"(2) The Minister may revoke the suspension of a Village Magistrate and reinstate him.".
  1. APPOINTMENT OF VILLAGE COURT CLERK, ETC., (AMENDMENT OF SECTION 22).

Section 22 of the Principal Act is amended by repealing Subsection (1) and replacing it with the following new subsection:

"(1) The Provincial Administrator of a province must appoint, for each Village Court in the province, a Village Court Clerk and such Deputy Village Court Clerks as the Provincial Administrator thinks necessary.".
  1. SUSPENSION OF VILLAGE COURT CLERK, ETC., (AMENDMENT OF SECTION 25).

Section 25 of the Principal Act is amended by adding at the end of the provision, the following new subsection:

"(2) The Provincial Supervising Magistrate may revoke the suspension of a Village Court Clerk or a Deputy Village Court Clerk and reinstate him.".
  1. APPOINTMENT OF VILLAGE PEACE OFFICERS (AMENDMENT OF SECTION 26).

Section 26 of the Principal Act is amended by repealing Subsection (1) and replacing it with the following new subsections:

"(1) Subject to Subsection (2), the Provincial Administrator of a province may appoint such Village Peace Officers for each Village Court in the province as the Provincial Administrator thinks necessary.
(1A) A police officer, a special constable, a community auxiliary police officer or a member of the reserve constabulary must not be appointed as a Village Peace Officer.".
  1. GENERAL FUNCTIONS AND DUTIES OF VILLAGE PEACE OFFICERS (AMENDMENT OF SECTION 28).

Section 28 of the Principal Act is amended in Subsection (2) by inserting, after Paragraph (a), the following new paragraph:

"(ab) must maintain order in the Village Court during proceedings of the Court; and".
  1. SUSPENSION OF VILLAGE PEACE OFFICERS (AMENDMENT OF SECTION 33).

Section 33 of the Principal Act is amended by adding, at the end of the provision, the following new subsection:

"(2) The Provincial Supervising Magistrate may revoke the suspension of a Village Peace Officer and reinstate him.".
  1. NEW SECTION 40A AND 40B.

The Principal Act is amended by inserting, after Section 40, the following new sections:

"40A. VILLAGE COURTS AND CHILDREN.
(1) Nothing in this Act prevents a Village Court from hearing a dispute or matter mentioned in Section 36 that involves a child or in which a child is the alleged offender.
(2) The primary consideration of a Village Court is what is in the best interest of the child.
(3) A Village Court may refer a dispute or matter that involves a child or in which a child is the alleged offender to a Children's Court if the Village Court is satisfied that -
(4) A child appearing before a Village Court -
(5) A Village Court may order that a person not remain within the hearing of the Court if the Village Court considers it is in the best interests of a child appearing before the Village Court.
(6) A Village Court may impose a penalty or fine on a member of a child's family instead of the child if the Village Court considers it is in the best interests of the child to do so."
40B. RESTRICTION OF PUBLICATION OF PROCEEDINGS.
(1) Subject to Subsection (2), a person shall not publish a report of proceedings, or the result of proceedings, before a Village Court mentioned in Section 40A unless -
(2) Nothing under Subsection (1) authorises the publication of -
(3) A person who publishes a report of proceedings, or the result or proceedings, before a Village Court, except in accordance with this section, is guilty of an offence.
  1. EXTENT OF JURISDICTION (AMENDMENT OF SECTION 41).

Section 41 of the Principal Act is amended in Paragraph (c) by deleting "Division 5" and inserting "Division 5 and 9".

  1. PENALTIES (AMENDMENT OF SECTION 42).

Section 42 of the Principal Act is amended -

(a) in Subsection (1) by -
(b) inserting, after Subsection (1), the following new subsection:
  1. ORDER TO PERFORM WORK (AMENDMENT OF SECTION 44).

Section 44 of the Principal Act is amended by adding, at the end of the provision, the following new subsections:

"(2) In ordering a child to perform work, a Village Court must give appropriate consideration to the child's age, ability and circumstances, including the requirement to attend school.
(3) Work undertaken in accordance with an order of the Village Court must be supervised by -
(4) A copy of an order must, where practicable, be served on the person who is to supervise the work under the order.".
  1. ORDERS FOR COMPENSATION, DAMAGES AND DEBT (AMENDMENT OF SECTION 45).

Section 45 of the Principal Act is amended by deleting "K1,000.00" and inserting "K2,000.00".

  1. REPEAL AND REPLACEMENT OF SECTION 48.

Section 48 of the Principal Act is repealed and replaced with the following new sections:

"48. LIMITS OF CIVIL JURISDICTION.
Subject to Section 43, a Village Court has no jurisdiction under Division 4 in relation to a matter involving the ownership of land.
48A. CUSTOMARY MARRIAGE.
A Village Court may make an order about the status of persons married under customary law.
48B. MOTOR VEHICLES AND SMALL CRAFT.
A Village Court may make an order for compensation or damages in relation to a dispute involving the driving of a motor vehicle or the operation of a small craft ".
  1. PREVENTIVE ORDERS (AMENDMENT OF SECTION 51).

Section 51 of the Principal Act is amended by adding, at the end, the following new subsection:

"(7) To avoid doubt, a Village Court may make an order under this section in relation to all or any of the following:
  1. EXERCISE OF MEDIATORY JURISDICTION (AMENDMENT OF SECTION 53).

Section 53 of the Principal Act is amended by adding, at the end, the following new subsections:

"(3) Before a Village Court attempts to reach a settlement by mediation, the Village Court must, wherever possible, suggest to the parties to the dispute that they mediate amongst themselves to settle the dispute.
(4) If the parties to the dispute agree to the suggestion, the Village Court may appoint one or more persons as a mediator.
(5) The mediator (if any) or one or more of the parties to the dispute must report to the Village Court on whether the mediation was held, and, if it was held, the outcome of the mediation.
(6) The following principles must be applied in a mediation by the Village Court or any other person:
  1. SETTLEMENTS (AMENDMENT OF SECTION 54).

Section 54 of the Principal Act is amended by deleting the words "this Division" and inserting "a mediation by the parties to the dispute or a mediation conducted by the Village Court".

  1. APPLICATION OF CUSTOM (AMENDMENT OF SECTION 57).

Section 57 of the Principal Act is amended by repealing Subsections (2) and (3), and replacing them with the following new subsections:

"(2) In applying the relevant custom, a Village Court must take into account the following:
(3) Without limiting the legislative powers of Local-level Governments in any other law, a Local-level Government has the power to make laws declaring what is to be taken as the custom relating to any matter, and such a declaration is binding on Village Courts.".
  1. GENERAL LAW (AMENDMENT OF SECTION 58).

Section 58 of the Principal Act is amended by repealing Subsection (1) and replacing it with the following new subsection:

"(1) Subject to Subsection (2) and Section 57, a Village Court must decide all matters before it in accordance with substantial justice.".
  1. EVIDENCE ETC., (AMENDMENT OF SECTION 59).

Section 59 of the Principal Act is amended by adding, at the end, the following new subsection:

"(3) Without limiting Subsection (2), a Village Court must do all of the following:
  1. ENDORESMENT OF ORDER FOR IMPRISONMENT (AMENDMENT OF SECTION 68).

Section 68 of the Principal Act is amended by repealing Subsections (3) and (4) and replacing them with the following new subsections:

"(3) Subject to Section 69, the Magistrate to whom the order for imprisonment is presented under Subsection (2) shall endorse the order if the Magistrate is satisfied that -
(4) If the Magistrate is not satisfied of all of the matters in Paragraphs (3)(a) to (e), the Magistrate shall exercise the power of review under Section 87.
(5) To avoid doubt, this section applies to an order for imprisonment made under Section 73 or 74.".
  1. WHERE CONVICTED PERSON IS UNDER 17 YEARS (AMENDMENT OF SECTION 69).

Section 69 of the Principal Act is amended by -

(a) deleting "UNDER 17 YEARS" from the heading to the section and inserting the words "A CHILD"; and
(b) deleting the words "under the age of 17 years" in Paragraph (1)(b) and inserting the words "a child".
  1. FAILURE TO OBEY CERTAIN ORDERS (AMENDMENT OF SECTION 73).

Section 73 of the Principal Act is amended by -

(a) deleting the comma after the word "Witnesses" in Subparagraph (1)(b)(iv) and inserting a semi colon and the word "or"; and
(b) inserting after Paragraph (1)(b) the following new paragraph:
  1. ORDER TO PAY COMPENSATION ETC. (AMENDMENT OF SECTION 74).

Section 74 of the Principal Act is amended by -

(a) repealing Subsection (1) and replacing it with the following new subsections:
is guilty of an offence.
(1A) In addition to imposing a penalty under Subsection (1), the Village Court may, subject to Section 75, make an order for execution against the goods and chattels of the person liable to make the payment of the amount."; and
(b) deleting "Subsection (1)(c)" in Subsection (2) and inserting "Subsection (1)".
  1. DECISION ON APPEAL OR REVIEW (AMENDMENT OF SECTION 92).

Section 92 of the Principal Act is amended in Subsection (2) by inserting a new paragraph after Paragraph (e) as follows:

"(ea) the Court -
that was excessive in all the circumstances of the case; or".
  1. BADGES AND INSIGNIA OF OFFICE (AMENDMENT OF SECTION 106).

Section 106 of the Principal Act is amended by deleting the word "Minister" and inserting the words "Provincial Administrator of the province".

  1. NEW SECTIONS 111A - 111C.

The Principal Act is amended by inserting, after Section 111, the following new sections:

"111A. RECORDS OF ORDERS OF VILLAGE COURTS.
A record of orders made by Village Courts must be made as prescribed and served on prescribed persons.
111B. DELEGATION.
(1) The Minister may, in writing, delegate all or any of the his powers or functions under this Act, other than this power of delegation, to the Director.
(2) A delegation is subject to such conditions and limitations as are specified in the instrument of delegation.
111C. NATIONAL STANDARDS.
(1) The Director may, by instrument in writing, make national standards about all or any of the following:
(2) A national standard is binding on all persons, however, it may not prescribe offences, fees or charges.".
  1. GENERAL AMENDING PROVISION.

The Principal Act is amended by deleting the word "Secretary", wherever appearing in this Act, the regulations or any instruments issued under this Act and insert the word "Director".

  1. SAVINGS AND TRANSITIONAL PROVISIONS.

(1) If, immediately before the date of commencement of this Act, a Village Court had more than 11 Village Court Officials, the Director is deemed to have made a determination in relation to the appointment of the additional Village Court Officials under Section 14A of this Act.

(2) If, immediately before the date of commencement of this Act, the appointment by the Director of a Village Court Clerk or a Deputy Village Clerk was in force, the appointment, on and after that date, is taken to have been made by the relevant Provincial Administrator.

(3) If, immediately before the date of commencement of this Act, the appointment by the Director of a Village Peace Officer was in force, the appointment, on and after that date, is taken to have been made by the relevant Provincial Administrator.


I hereby certify that the above is a fair print of the Village Courts (Amendment) Act 2014 which has been made by the National Parliament.

Clerk of the National Parliament.
22 MAY 2014

I hereby certify that the Village Courts (Amendment) Act 2014 was made by the National Parliament on 13 February 2014.

Speaker of the National Parliament
22 MAY 2014


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