Court rules PSC has no jurisdiction over AG

SUPREME Court has ruled that the Public Service Commission (PSC) has no jurisdiction to review personnel decisions of the Auditor-General.
Justice David Cannings made this ruling at Waigani yesterday on behalf of a three-man bench following a reference by Public Solicitor Leslie Mamu seeking an interpretation of the powers and functions of the AG.
Also, an interpretation on the constitutionality of an amendment to the Public Service Management Act 2020 by which the AG was “deemed a departmental head”.
Mamu had argued that the PSC had no jurisdiction and that the amendment to Act was unconstitutional.
The AG as intervener represented by Solicitor-General Tauvasa Tanuvasa did not object to the answers proposed by Mamu.
The court noted that the primary function of the PSC under section 191 of the Constitution was the review of personnel matters connected with the National Public Service.
However, as to whether personnel matters within the AG’s office were connected with the national public service, it was relevant that this office was not part of the national public service.
“Personnel decisions of the Auditor-General are not sufficiently connected to the national public service,” Cannings said.
“The office of Auditor-General has a special constitutional status and the PSC has no general jurisdiction over personnel matters in the public sector.”