Public Solicitor Bill passed

The National Main Stories

PARLIAMENT has passed the Public Solicitor Bill 2021 which will enable better regulation of the office to provide legal aid to disadvantaged people.
Minister for Justice Bryan Kramer said the public solicitor was a constitutional office holder recognised under Section 221 of the Constitution and was mandated to provide legal aid to the disadvantaged, marginalised and impecunious people of PNG.
He said in the consultative phase of the planning and drafting of the Constitution, it was envisioned by the forefathers that an independent governmental institution must provide legal assistance to the majority of the people who could not afford private law practitioners.
He said since 1975, the public solicitor had relied on the prescription of the Constitution to carry out his core function and additional functions in an ad hoc manner.
“The passage and enactment of the Public Solicitor Bill 2021 will guide the public solicitor in carrying out its core function of providing legal aid to our small people and other important duties prescribed to him as a law officer under the Constitution,” he said.
“Section 177 (5) of the Constitution provides that an act of parliament may make provision for the PS (public solicitor) to make a reasonable charge for services provided by him to persons in need of his help whom he considers are able to make a contribution towards the cost of these services.
“In 1976 the Parliament enacted the Public Solicitor (Charges) Act 1976 giving effect to section 177 (5) and enabling the PS to require a reasonable contribution from only those who can be able to contribute towards the cost of legal aid.
“The subsequent provision of section 177 (6) of the Constitution further implores that an Act of the Parliament may confer, or may provide for the conferring of additional functions not inconsistent with the performance of the functions conferred by the subsections (1) and (2), on the public prosecutor or the public solicitor.
“Since the inception of the Constitution in 1975, and whilst his sister organisation, the Prosecutors Office, enjoys the Public Prosecutors (office and functions) Act passed in 1977 under the same section 177 (6), the public solicitor remains without an enabling law to advance his office administratively.
This Bill seeks to assist the public solicitor give effect to the Constitution by providing and regulating:

  • PROIVSION of legal aid;
  • PROTECTING and facilitating for the enforcement of the constitutional rights of all persons;
  • MAKING reference to the Supreme Court;
  • PROVIDING assistance and engaging in alternative dispute resolution processes;
  • ENGAGING with or supporting non-governmental agencies;
  • PROVIDING advice to persons in need;
  • TO exercise all the functions and powers and perform all duties; and,
  • TO do all such matters and things as may be incidental to or consequential upon the exercise of his powers or the discharge of his functions.