The Constitutional and Law Reform Commission (CLRC) finds its basis in the Constitution (section 21(2) and schedule 2.13 ) and the Constitutional and Law Reform Commission Act 2004. The CLRC is an amalgamation of the former Law Reform Commission and the Constitutional Development Commission, under the Act. Vision
Our vision is for a just, fair and efficient legal system for a peaceful society based on democratic principles and the rule of law and the advancement of the country’s economic and social interests. Mission Statement
Our mission is therefore to provide Government with high level, independent advice on the Constitutional Laws and other law review and reform activities, and the state of the laws, and promote community awareness and understanding of laws and the legal system in Papua New Guinea (PNG). Structure
In order to operationalize the functions of the Commission, the office is structured as follows:
1.Commissioners headed by Chairman
2. Secretariat headed by Secretary
The Secretariat is divided into two Sections
Section 1 is the Administration which covers Human Resources, Finance, and Policy and Planning
Section 2 is Legal and covers: Constitutional Law Division; Advisory and Drafts Division; and Research and Publication
Powers and Functions
The powers and functions of the Commission are clearly set out in the Constitution ,the CLRC Act 2004, and the Underlying Law Act 2000. Powers :
1. Consult with any Govt Dept or agency that would be affected by a
change in a proposed law
2. Provide advice or information to any Govt Dept or agency
concerned with proposals for the reform or amendment of laws
3. Consider any proposals for the reform of a law referred to it
4. Hold seminars and conferences on appropriate legal issues
5. Conduct research on any area of law - particularly customary law
6. Use any information, advice or assistance available to it within and
outside of the country
7. Obtain information on laws and legal systems of other countries for the
purposes of providing ideas for the reform and development of laws of PNG
Additional Powers:
1. Institute Supreme Court References
challenging any law or proposed law under
Section 19 of the Constitution
2. Exercise the power of a Commission of Inquiry
in summoning and prosecuting people who
defy the Commission during its inquiries as per
the Commission of Inquiry Act
Functions :
1. Review Constitutional Laws
2. Review the laws of PNG
3. Make recommendations in relation to the making of laws
4. Make recommendations for the consolidation or
repeal of laws
5. Make recommendations for the development of
new approaches to the changing needs of society
6. Liaise with National Govt in implementing its
recommendations to Parliament
An additional function of the Commission is in Schedule 2 of the Constitution and the Underlying Law Act 2000 – Monitor the Development of the Underlying Law
Core Business
1. Initiate Law Review and Reform Process
2. Recording Customary Laws and Monitor the Development of the Underlying Law
3. Review of all Colonial Laws and other Laws
4. Seek Supreme Court Review and Interpretation
5. Monitor the Progress of Reports and the Implementation of Laws
6. Provide Legal Advice and Drafting Laws