Public Services Commission PNG
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    The Public Services Commission in conducting its constitutional roles and functions namely the Review of Personnel Matters and the Appointment, Suspension and Revocation of appointment of National Executive Council appointees, is guided by the following laws:

    1. Constitution – ss. 193 & 208B;
    2. Public Services (Management) Act 1995 (as amended);
    3. Public Service (Management) (Minimum Specification & Competency Requirements for Selection & Appointment of Departmental Heads & Provincial Administrators) Regulation 2003;
    4. Public Service (Management) (Selection & Appointment of Departmental Heads & Provincial Administrators) Regulation 2003;
    5. Public Service (Management) (Criteria & Procedures for Suspension & Revocation of Appointment of Departmental Heads & Provincial Administrators) Regulation 2003; and
    6. Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004.

    Review of Personnel Matter(s) Function

    Sections 18 of the Public Services (Management) Act 1995 (as amended) provides the process in relation to the review of decisions as personnel matters, and states amongst others; the Commission shall, following a complaint made an officer to the Commission,  in-accordance with Subsection (2), review a decision on a personnel matter relating to discipline, selection and terms and conditions connected with the National Public Service, where that officer is affected or aggrieved by the decision.

    A ‘Personnel Matter’ is defined under the Public Services (Management) Act 1995 (as amended) as; ‘decisions and other service matters concerning an individual whether in-relation to his/her appointment, promotion, demotion, transfer, suspension, discipline or cessation or termination of employment (except cessation or termination at the end of an officers normal period of employment as determined in-accordance with the law) or otherwise’.

    Under the Constitution, officers employed in the National Public Service have a right to apply to PSC for review of decisions by their Departmental Heads, where they believe that the decision has infringed on their rights and interests under the public service terms and conditions of employment.

    Public Service General Order 22, outlines the role and operation of the Public Services Commission and elaborates further on the review process.

    Moreover, the Commission when undertaking its role in the Review Process ensures that there is compliance of the relevant provisions of the Public Services (Management) Act 1995 (as amended), Public Service General Orders and terms and conditions of employment.

     Appointments Function

    The Public Services Commission has the powers under Section 193 and Section 208B of the Constitution to be consulted on the appointment, suspension and/or revocation of appointment of Departmental Heads, Provincial Administrators, Chief Executive Officers (CEO) of Regulatory Statutory Authorities (RSA) and the non-ex-officio Board members of RSA’s.

    On the 28th of March, 2019, the Supreme Court handed down its ruling, declaring invalid certain amendments that were made to the Constitution by Parliament in 2014. These amendments effectively removed the appointment powers of the Commission and bestowed it upon the newly established Ministerial Executive Appointments Committee (MEAC) to perform.

    The Supreme Court in its decision upheld the Public Services Commissions’ Supreme Court Reference that was filed in 2015 by the Chairman of the Public Services Commission Dr. Philip Kereme (SCA No. 148 of 2015) as a citizen. The Commission believed that the amendments to the Constitution by Parliament threatened good governance, transparency and accountability in the merit based appointment process of National Executive Council appointees as the powers of the Commission were given to MEAC which was a political body.

    Following the Supreme Court decision in March, MEAC is now defunct as of the date of the ruling and the following laws are now reactivated and in operation:

    1. Constitution – ss. 193 & 208B;
    2. Public Services (Management) Act 1995 (as amended);
    3. Public Service (Management) (Minimum Specification & Competency Requirements for Selection & Appointment of Departmental Heads & Provincial Administrators) Regulation 2003;
    4. Public Service (Management) (Selection & Appointment of Departmental Heads & Provincial Administrators) Regulation 2003;
    5. Public Service (Management) (Criteria & Procedures for Suspension & Revocation of Appointment of Departmental Heads & Provincial Administrators) Regulation 2003; and
    6. Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004.