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Published by

Department of Justice and Attorney GeneralSir Buri Kidu HausIndependence Drive, Waigani, NCDPapua New Guinea

P O Box 591 WaiganiNational Capital DistrictPapua New Guinea

Telephone: + (675) 323 0138/301 2961/301 2834Facsimile: + (675) 323 3661Email: attorneygen@justice.gov.pg

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DEPARTMENT OF JUSTICE AND ATTORNEY GENERAL

Corporate Plan

2014 - 2017

Department of Justice and Attorney General

Port Moresby

June 2014

Papua New Guinea

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Table of Contents

Foreword............................................................................................................................................................................. 4

Introduction....................................................................................................................................................................... 5

Overview of Department.............................................................................................................................................. 7

Operating environment...........................................................................................................................7

Vision.............................................................................................................................................................8

Mission..........................................................................................................................................................8

Core Values.................................................................................................................................................9

Overarching Planning Framework........................................................................................................................ 10

Strategic Priorities........................................................................................................................................................ 11

Key Result Area 1: Legal Policy and Governance............................................................................................12

Key Result Area 2: State Legal Services...............................................................................................................14

Key Result Area 3: Justice Administration Services.......................................................................................16

Key Result Area 4: Public Curator and Official Trustee Services.............................................................19

Key Result Area 5: Land Tribunal Services........................................................................................................20

Key Result Area 6: Corporate Management and Sector Coordination..................................................21

Implementation Arrangements.............................................................................................................................. 23

Organisational Structure................................................................................................................................23

Resourcing the Plan (Multi-year Outlook).....................................................................................................24

Monitoring, Evaluation and Reporting Framework.......................................................................................25

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ForewordI am delighted as Attorney General and Minister for Justice, to present the Department of Justice and Attorney General’s Corporate Plan 2014 – 2017. At the outset, I acknowledge and commend the former Minister and Attorney General, the Honorable Kerenga Kua, OL, MP, for providing the leadership and initiating the key reforms of the O’Neill-Dion Government in implementing the key priorities enunciated in the ‘Alotau Accord’. This plan is a significant document which provides the strategic direction for the department in

implementing higher government policies and priorities for the next four years.I note that this Corporate Plan is directly linked to the ‘whole of government’ planning documents as detailed in the ‘Overarching Planning Framework’ section where the Vision 2050 acknowledges our country's extensive natural resources (minerals, fertile land and forests, and bountiful oceans), and where Development Strategic Plan 2010 – 2030 charts the course that the country will take towards Vision 2050. By way of background, the Minister for Justice and Attorney General is not like any other ministerial position in our system of government but has significant responsibility and prominence given to it under the Constitution. The Minister and Attorney General is the Principal Legal Advisor to the Government. If the Minister is a lawyer, he/she also becomes the Attorney General. As Attorney General, the minister is then responsible on a day to day basis, for the supervision and oversight of all matters of litigation by and against the State. I am confident this Corporate Plan 2014 – 2017 sets a much clearer roadmap to continue to build on the achievements and progress made over the last four years for the sustained development of the functions of the Minister for Justice, the Attorney General and the department to deliver their core mandated roles, duties and responsibilities to the Government in legal services and to the people of Papua New Guinea in the administration of justice. Consistent with the O’Neill-Dion Government approach to budgeting, the ‘plan’ provides a multi-year resourcing forecast based on the Secretary’s Performance Agreement with the Minister for Justice and Attorney. It is the framework on which the multi-year investment in the law, order and justice sector will be effectively coordinated, and through a rigorous law and justice performance monitoring framework. I commend the Secretary for Justice, Dr. Lawrence Kalinoe, PhD, for continuing to provide strong leadership, management and strategic guidance in the formulation of this Corporate Plan and I am sure its implementation will be as effective.

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_____________________Hon. Ano Pala, LLB, CMG, MPMinister for Justice and Attorney General of Papua New Guinea

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IntroductionIt gives me great pleasure to introduce the Department of Justice and Attorney General’s Corporate Plan 2014 – 2017, which sets out the strategic direction for the next four years. This is the second Corporate Plan under my leadership and management and it coincides with my second term of office. In the last Corporate Plan 2011 - 2015, I ensured that the very basic things in terms of resourcing, and maintaining cohesiveness and stability towards a strategic direction, and performance management and reporting was achieved. This

Corporate Plan 2014 – 2017 is intended to further ensure the improvements and gains we made in the key strategic areas are consolidated, refined and sustained.

Our path over the next four years continues to be directly aligned with, supports and is informed by the PNG Vision 2050 pillars of wealth creation, human capital development, security and international relations, institutional development and service delivery. It supports strengthening law and order and anti-corruption measures, which PNG Vision 2050 acknowledges are essential underpinnings to achieve economic growth, development, security and other pillar priorities, and the cross-cutting issue of achieving gender equity.Furthermore, the Department’s role is aligned with and contributes to the Law and Order Goal in the PNG Development Strategic Plan 2010 - 2030 to ‘provide a safe, secure and stable environment for all citizens, visitors, communities and businesses to conduct their affairs freely’, under the three pillars of deterrence of crime, coordination of law and justice agencies and restorative justice.The Department also contributes to supporting other priorities under the Development Strategic Plan, such as business and investment, realising the benefits of trade, land development, and other industry goals such as fisheries, forestry and petroleum, and cross-cutting issues such as gender equality and high quality public sector management (particularly through strengthening the rule of law and combating corruption).The Law, Order and Justice Sector is described as a “key enabler” in the Medium Term Development Plan 2011 - 2015, as it lays a foundation for the success of all other parts of the Plan. The Department’s role is critical to achieving many of the law and justice sector goals under that Plan, in particular, concerning village courts, land mediation, increase in State lawyers, improved infrastructure, sector coordination and the Government being provided with excellent legal services.This Corporate Plan has been devised with these whole of Government planning frameworks in mind, as well as priorities under the ‘Alotau Accord’ and the

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Department’s key Strategic Priorities arising from the Annual Leaders’ Summits. It concludes with Implementation Arrangements. The first of which is the Organisation Structure which re-confirms our central agency status through the department’s core role of providing legal services to the State, its agencies and instrumentalities, and how it takes a more serious and proactive role in justice administration, and sector coordination.The Corporate Plan further provides a multi-year resourcing outlook with indicative forward estimates for staffing and budget levels, followed by the rationale of the Monitoring and Evaluation process that it will be subjected to during the quarterly and annual performance reviews and reporting process. In this plan, I reaffirm my commitment to ensure there is sustained improvement in the delivery of the legal and justice services to the State and the people of PNG. This commitment is complemented with the Annual Performance Agreements I have signed in 2013 and 2014, and I will sign in 2015 and beyond with the Minister and Attorney General. Our core values will guide our day-to-day work, personal standards and professionalism as well as corporate governance and good management practices and approach.Thank you.

_____________________Dr. Lawrence Kalinoe, LLB (PNG); LLM (with Honours) (Auckland); LLM (Corporate Law) (Canberra); PhD (Wollongong)Secretary,Department of Justice and Attorney General

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Overview of DepartmentThe Department of Justice and Attorney General is the central agency of government responsible for functions and services that provide and facilitate a just, peaceful, safe and secure social environment in which all forms of social and economic development take place. These functions and services are essentially legal and justice administration in nature and which impact upon individuals, agencies and instrumentalities of the State, and private corporate entities at all levels of the PNG society.Developments in the recent past too, have now positioned the department as the central coordination authority for international legal assistance requests, and also the central coordination authority for restorative justice and crime prevention activities across the country. These two developments fulfil key aspirations of the ‘White Paper on Law and Justice’ and the ‘National Law and Justice Policy’. Through the Minister for Justice, the department also has a facilitative role in coordinating, administering and having policy oversight over the necessary interactions between the three arms of government; the Legislature, the Executive and the Judiciary.

Operating environmentTherefore, as the central agency of government within this operating environment, the department acknowledges its lead and pivotal role as illustrated in Figure 1 below.Figure 1: Operating Environment

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Vision

To Create a Just, Safe and Secure Society for All

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Mission

Delivering excellent legal and justice services to the State and the people of Papua New Guinea

Figure 2: Core Values & Principles

Core Values and Principles

Rule of law: We strive to instill public confidence by respecting, promoting and ensuring that the Rule of Law is maintained at all times.Equality and fairness: All persons and corporate bodies are equal before the law and must be accorded every opportunity to contribute to nation-building. We exercise our duties and responsibilities without fear or favour.Custom-founded justice system: We acknowledge the worthy customs and traditional wisdom of our people as the underlying consideration of our justice system.

Transparency and accountability: We promote transparency, accountability and good governance where all decisions are made in the national interest. We are accountable for our decisions and actions.

Corporate integrity: We uphold the core values and principles of our organization and contribute to national and community endeavours.

Excellence: Each employee is respected as having worth to the organization with aspirations that the Department endeavours to match in its policies and opportunities. Employees strive for excellence and demonstrate a high level of professionalism.

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Core ValuesAll officers employed in our service share a common set of values which reflect the mission of the department and which also inspire the commitment to respond positively to the growing demand for our services to the State, its instrumentalities and the community at large. We strive to build a robust, cohesive, team-spirited and collegial organisational culture that underpins our commitment to delivering high quality services to the community and stakeholders across all branches and semi-autonomous state instrumentalities in the Department in a timely manner.

Our corporate values reflect and foreshadow our human resources policies and processes, including the recruitment drive that underpins this corporate plan and its induction programs, job descriptions and performance management procedures.

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Overarching Planning FrameworkThe Department’s role is directly aligned with, supports and is informed by the PNG Vision 2050 pillars of wealth creation, human capital development, security and international relations, institutional development and service delivery. More specifically, it supports strengthening law and order and anti-corruption measures, which PNG Vision 2050 acknowledges are essential underpinnings to achieve economic growth, development, security and other pillar priorities, and the cross-cutting issue of achieving gender equity.Furthermore, the Department’s role is aligned with and contributes to the Law and Order Goal in the PNG Development Strategic Plan 2010-2030 to ‘provide a safe, secure and stable environment for all citizens, visitors, communities and businesses to conduct their affairs freely’, under the three pillars of deterrence of crime, coordination of law and justice agencies and restorative justice.The Department also contributes to supporting other priorities under the Development Strategic Plan, such as business and investment, realising the benefits of trade, land development, and other industry goals such as fisheries, forestry and petroleum, and cross-cutting issues such as gender equality and high quality public sector management (particularly through strengthening the rule of law and combating corruption).The Law, Order and Justice Sector is described as a “key enabler” in the Medium Term Development Plan 2011-2015, as it lays a foundation for the success of all other parts of the Plan. The Department’s role is key to achieving many of the law and justice sector goals under that Plan, in particular, concerning village courts, land mediation, increase in State lawyers, improved infrastructure and the Government being provided with excellent legal services.This Corporate Plan has been devised with these whole of Government planning frameworks in mind, as well as priorities under the Alotau Accord and the Department’s key Strategic Priorities arising from the Annual Leaders’ Summits.This Corporate Plan has also been framed within the priorities for the Law and Justice Sector, set out under the Law and Justice Sector Strategic Framework.How these various planning frameworks fit together with the Department’s Corporate Plan is explained in figure 4 below.Figure 4: Planning Framework

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Strategic Priorities In order to achieve ‘A Just, Safe and Secure Society for All’, we strive to deliver excellent legal and justice services to the State and the people of Papua New Guinea. Our ability to deliver these services is anchored in the stability in strategic leadership and certainty of corporate direction.An overview of the three thematic areas that preceded this Corporate Plan is now provided for context. They are consolidated as Strategic Priorities to ensure continuity of the annual performance agreements which are effectively annual plans of the department. 1. Enhancing State Legal Services

Objectives 1 and 2 are captured here. Key projects under this strategic priority relate to the support required for Independent Commission against Corruption (ICAC), Sovereign Wealth Fund (SWF), implementing the Death Penalty, Maritime Boundaries Delimitation Project, establishment of the Human Rights Commission and facilitating reforms to the judiciary system, the major project being Court System Restructure. It also includes providing timely and sound legal advice and legal clearances with particular focus towards expediting procurement processes relating to major government impact projects without compromising established systems, procedures and due processes. There are also complicated and highly specialized legal services that may be required by Government, the outsourcing for which ought to be facilitated, coordinated and effectively managed.And there are certain court cases involving claims by and against the State, its agencies and instrumentalities that ought to be defended vigorously. It further involves improving the State’s position in taxation and recovering costs, including from unlawful deeds of release.

2. Justice Administration Capacity Building

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Objectives 3, 4 and 5 are captured here. Our focus was also towards strengthening the fundamental roles of the Village Courts and Land Mediation Secretariat in statutory appointment and revocation of village court officials and land mediators; and the timely and appropriate payment of their allowances. In our endeavour to enhance Probation Services, we are embarking on improving data collection and collation from provincial offices. In Juvenile Justice, we will ensure the requirements of the new Act are readily available and known to all stakeholders, and also that outstanding Juvenile Courts are established in close consultation with the Magisterial Services.A key activity within this thematic area is enhancing coordination, monitoring and partnering with all our Restorative Justice Service providers and stakeholders in crime prevention activities across government and civil society. This is the core rationale of the national law and justice policy and therefore is a consolidation of gains made to date. Improvements in management/administration of the Office of the Public Curator too will also be further consolidated.

3. Sustainable Development Program

Objective 6 is captured here. A ‘5 Year Infrastructure and Capital Works Program’ 2013 – 2017 is currently being implemented to complement the key projects in Strategic Priority 1 and 2 above. It involves the upgrading of existing rundown facilities, new office buildings, support to juvenile institutions, community justice centres, as well as improving other office infrastructure such as IT systems and logistics. Other key activities include increase in State lawyers and justice administration professionals, continuing the timely performance reporting to government, compiling all key HR policies into a Staff Handbook, and integrating law and justice sector coordination and performance reporting into the department.

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Key Result Area 1: Legal Policy and Governance

Objective: Provide effective and pro-active legal policy advice and legislative development services to the Minister for Justice and other agencies, and governance support to the Secretary and Attorney General.

Legal PolicyThe Legal Policy function involves the provision of legal policy advice and assistance in the enactment or review of laws administered by the Justice Ministry. The type of assistance involves research, consultation and advice on the law and its relationship to other issues which include social, economic, cultural and political considerations. Apart from law reform, this assistance can contribute to the establishment of administrative mechanisms, and compilation of policy documents, plans and strategies pertaining to the Justice Portfolio. This function involves both the civil and criminal jurisdiction in such areas as corruption, money laundering, terrorism, transnational organized crime, human rights, gender, health, the judiciary, land and economic issues. The Branch can be directed by the Secretary to assist other government bodies as well.Governance The Governance function is the provision of administrative or support services to the Office of the Secretary for Justice and to the Minister for Justice. This includes ex-officio or representing the Office of the Secretary on various statutory boards and committees as established by government. These include the National Health Board, National Land Transport Board, the Legal Training Institute Council and other interdepartmental committees or technical working groups where the Department is a member or co-opt both domestically and internationally. The Governance role also includes processing incoming and outgoing requests for Extradition, Mutual Assistance in Criminal Matters as PNG’s central authority for civil and criminal international legal cooperation; facilitating/coordinating international programs such as peer or mutual evaluation of international requirements under Conventions; and coordinating the implementation of PNG’s membership requirements to International Organizations, such as the Asia Pacific Group on Money Laundering. Secretariat Services to the Minister for Justice and a number of statutory or Constitutional bodies such, the Power of Mercy Committee, appointment of Commissioners for Oaths, admission of foreigners to legal practice and Coronial Inquests. Table 1

Projects/Activities Outputs 2014 2015 2016 2017

1. Extradition Treaty with Indonesia

Extradition Treaty ratified by PNG

2. Implement the Death Penalty

Infrastructure for Death Penalty in place

3. Timely support to the development and implementation of the

Key legislation in force and effective implementation supported

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Minister’s legislative program

4. Support Judiciary in the Court System restructure

Legislation developed and in force.

5. Review key anti-corruption and transnational legislation and support implementation

Key legislation reviewed, amendments passed and in force, implementation supported

Key Performance Indicators (KPIs)1.1 Quality legal policy advice and legislative development services on a timely basis,1.2 Quality and effective representative and secretariat assistance to the Secretary and Attorney General, and1.3 Quality and timely implementation of Minister’s legislative program.

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Key Result Area 2: State Legal Services

Objective: Protect the interests of the State through timely and sound legal advice and clearance services to the State, its agencies and instrumentalities, and effective litigation and dispute resolution services.

Office of the State SolicitorThe Office of the State Solicitor is a semi-autonomous Office established under Section 13A of the Attorney General’s Act 1989. It provides legal advice and legal clearance services to the State and its agencies under various Acts of Parliament including the Public Finances (Management) Act (PFMA), Public Service (Management) Act (PSMA) and other policy documents such as the National Executive Council’s (NEC) Handbook on Submissions. It issues letters of legal clearance before the State makes commitment in the conduct of State business which include major resource projects, infrastructure projects, matters of commercial undertaking or other legal advice on constitutional and legal implications on administrative and executive actions by the State. The Office is also responsible to ensure proper ratification and domestication of International Treaties and Conventions and is a part of State negotiation teams for bilateral and multilateral arrangements. Its workload continues to increase due to the increase in economic activity and advancement in industry. There are also complicated and highly specialized commercial law advices that the State will require, the outsourcing for which ought to be facilitated and coordinated through the Office of the State Solicitor. Office of the Solicitor GeneralThe Office of the Solicitor General is a semi-autonomous office established under Section 10 of the Attorney General’s Act 1989 with reporting lines directly to the Attorney General on all litigation matters but all administrative accountabilities to the Secretary. Its primary function is to appear as advocate for the State in all claims by and against the state in a court of law. Table 2

Projects/Activities Outputs 2014 2015 2016 2017

1. Expedite procurement of major impact projects

Key impact projects commenced & progressing to completion

2. Client Outreach Program

Training and support to provincial governments and to provincial legal officers

3. Planning & Preparations for APEC 2018

Annual components/obligations of DJAG/OSS are all met up to 2018.

4. Maritime Boundaries De-limitation project

Formal recognition by UN of PNG’s adjusted political sea boundary/border

5. Establish the Human Rights Commission

Legislation giving effect progressed to NEC/Parliament and assistance to its actual establishment

6. Develop Legal Opinions Database

Establish in tandem with the IMS for State Legal Services

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7. Reform laws governing State litigation

Amendments passed and in force

8. Improve State’s position in taxation and cost recovery

Significant reduction in bill of costs in cost claims made against the State

9. Recover from unlawful deeds of release

Continue to implement approved strategy in relation to these files

10. Establish new OSG Offices in provinces

Presence in new & strategic locations

11. Develop an IMS for State Legal Services

Design specifications by end of 2015 and roll-out in 2016.

Key Performance Indicators (KPIs)2.1 Reduced turnaround times for opinions/advice and clearance requests,2.2 Reduction of ex-parte judgments against the State,2.3 Reduced number of dormant files, and2.4 Increased amount of costs recovered for the State.

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Key Result Area 3: Justice Administration Services

Objective: Provide ways of resolving minor disputes including land use and ensure restorative justice outcomes are delivered in partnership with civil society, churches and other NGOs

Village Courts and Land Mediation SecretariatThis is a key branch within the department whose primary role is to ensure that the village courts and land mediation systems are fully resourced and are effectively operating during the life of this Corporate Plan.Village Courts are formal courts operating under the Village Courts Act 1989 and employ customary methods of mediation and conflict-resolution which are basic concepts of restorative justice. There are over 1,600 Village Courts throughout the country, covering approximately 90% of the country with more than 11,000 officials. Village Court magistrates are selected by the community and appointed by the Minister for Justice. There is currently work in progress to strengthen the VCLMS’s statutory appointment and revocation roles, and also to implement and manage NEC Decision No. 285/2013 directing the timely payment of appropriate village courts officials allowances as determined in that NEC decision. Current efforts in increasing accessibility of village courts in maritime-provinces and provinces along the LNG corridor are also continuing with a target of 1,950 village courts throughout the country by 2015 and 3050 village courts by 2020.On 12 June 2014, the government made another significant decision in NEC Decision number 160/2014, increasing land mediators’ allowances including ad hoc mediators. Work in now in progress to assist Department of Provincial and Local Government Affairs and Provincial Administrations in setting up Provincial Land dispute Settlement Committees as a priority. This is a prerequisite to ensure that the current functional grant to provinces for land mediation is effectively managed and coordinated to facilitate the process. Probation Services The purpose of this activity is to effectively and efficiently provide the courts with support in making non-custodial orders and to coordinate supervision of adult offenders on probation. To date, relevant discussions have been raised though the Criminal Justice Case Management Committee to pursue legislative amendments that are required in addressing current challenges in the breach of court orders for probation. With respect to measures to address supervision of CWOs, the Probation Services will assist the courts assign both adult and juvenile offenders to approved 3rd party entities such as schools, hospitals, private companies, major industries, churches, and provincial and local level governments under Memoranda of Association (MOAs). The focus however, is to ensure the timely collection, collation of statistics/ data from all provincial offices, and the analysis and reporting of these data; eventually feeding into the overall budget process. Juvenile Justice Branch

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With the recent passing of the new Juvenile Justice Act 2014, comes wide ranging powers for the Juvenile Justice Services Director to strengthen the fundamentals of the National Juvenile Justice Network. There will be the establishment and gazettal of Provincial Juvenile Justice Working Groups (PJJWGs) in all provinces. This means the scope of juvenile justice widens to embrace all stakeholders. Apart from its main objective to provide effective and timely support to the courts in making non-custodial orders and to coordinate supervision of juvenile offenders on community work orders and other court orders, prevention of juvenile offending will require broadening the scope of Juvenile Justice to address child victimisation, which is a major underlying cause leading to juvenile delinquency.The Juvenile Justice branch will seek to establish closer working relations with the Department of Community Development in bridging services of the Juvenile Justice Act to the Family Protection Act and Lukautim Pikinini Act which strongly imply strong participation from specific key public and private stakeholders.The lack of sufficient Juvenile Courts and availability of Juvenile Court Magistrates will be addressed effectively by blanket appointment of all magistrates as juvenile court magistrates. Visible engagement with Magisterial Services in particular attending Magistrates conferences and incorporating Juvenile Justice into the Magistrates’ Training Manual is the primary focus. Moving juveniles who are in Correctional Services Institutions into Juvenile Institutions is a key priority including improving the preparation of pre-sentencing reports (PSRs).Parole ServicesThe Parole Services has been in the country for over 20 years now. Its main role is to support the Parole Board in making well-informed decisions and

coordination/monitoring of parolees on parole orders.The Parole Board continues to make great strides after its rejuvenation in 2012 and has since made significant progress in pursuing legislative amendments to the Parole Act. The Parole Board is now more focused and will ensure the timely determination of parole applications that come before it. It will also ensure that the funded vacancies are recruited against so that parole services are better administered. Restorative Justice and Crime Prevention CoordinationRestorative Justice is the fundamental pillar of the Sector’s law and justice policy. The core activity here is therefore to centrally coordinate and monitor all stakeholders in restorative justice, crime prevention and rehabilitation programs/activities within the sector as well as a greater collaboration and coordination with the civil society. Another core activity is to gather, compile and publish accurate performance reports, hence, taking the lead role in rejuvenating crime prevention and restorative justice activities.The branch also coordinates the directing of resources to provide extra capacity in service delivery of tasks mandated by law to support the criminal justice system, victims and offenders. It will also build better relationships with civil society, churches, the private sector and provincial governments. These entities are listed in the National Directory of Restorative Justice Service Providers, updated and published annually by the department.Table 3

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Projects/Activities Outputs 2014 2015 2016 2017

1. Village Court officials and village law enforcers are appropriately paid and on time.

All current village courts officials are on the payroll

2. Timely appointment, revocation and training of village courts’ officials

Accuracy of officials listings New curriculum and training

materials

3. Increase in accessibility of village courts in maritime and other isolated provinces as well as the LNG corridor

1,950 village courts by 2015 and 3,050 by 2020.

4. Assist DPLGA and Provincial Administrations in setting up Provincial Land Dispute-Settlement Committees

22 PLDCs established and effectively functioning

5. Assist DPLGA in the payment of increased Land Mediators allowances (NEC Decision 160/2014)

All Land Mediators including ad hoc mediators are on payroll

6. Improve the preparation of PSRs/PPRs and other related reports such as MARs and VISs.

Increased proportion of juveniles & adult offenders completing their CWOs

7. Improve Data/statistics collection for Probation, and Juvenile Justice

All Probation and Juvenile Justice Officers are sending in quarterly reports

8. Juvenile Justice Working Groups and Juvenile Courts in all provinces

22 PJJWGs established and effectively functioning Juvenile Courts in all provinces

9. Improve the parole system

The Parole system is effective

10. Increased engagement with restorative justice and crime prevention service providers – both government and non-government

Enhanced coordination, monitoring and reporting of restorative justice and crime prevention programs, activities and statistics.

11. Coordination and monitoring Community Justice

CJCs constructed and are effectively functioning

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Centers

Key Performance Indicators (KPIs)3.1 Ratio of village court mediation to Village Courts sittings,3.2 Increased number of complaints dealt with by Village Courts, 3.3 Increased number and quality of PSRs, PPRs, and other related reports such as MARs and VISs,3.4 Increased number of adults supervised on Community Work Orders,3.5 Increased proportion of juvenile offenders successfully completing their Community Work Orders, 3.6 Increased number of parole applications and parole granted, and3.7 All restorative justice and crime prevention service providers are registered with DJAG through MOUs and other partnership arrangements and provide timely and accurate reports to DJAG.

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Key Result Area 4: Public Curator and Official Trustee Services

Objective: Sound Management of deceased estates, the property of minors, and persons declared insolvent and/or certified insane.

Office of the Public Curator & Official TrusteeThe focus of the Office of the Public Curator and Official Trustee is to exercise sound management of deceased estates, the property of minors, and persons declared insolvent/certified insane.The Office of the Public Curator and the Official Trustee is vested with statutory powers to administer several legislation which fall either under the Public Curator’s responsibilities or the Official Trustees responsibilities. Under the Public Curator’s responsibilities, the Public Curators and the Wills, Probate and Administration Acts are administered. These two legislation govern the administration of Deceased, Insane or Missing Persons’ Estates in Papua New Guinea. The dominant responsibility of the Public Curator covers administration of Estates of Deceased persons who die “intestate” (someone who dies without a Will). 99% of Papua New Guineans die intestate. Under the Official Trustee’s responsibilities, the Public Curator performs Trusteeship duties pertaining to Persons Declared Insolvent, Minors (under the age of 21) Trust, or other Trustee responsibilities as stipulated under the Trustees Act and any other Act that may stipulate a role for the National Official Trustee. Efforts in advancing the legislative amendments to the Public Curators Act are now at an advanced stage. In the last three years, significant gains were made in getting the basics right, team building, leadership and management, accountability and improving client satisfaction. This has resulted in the complete turnaround in core operational performance in estate file management, letter of administration and trust accounts management as reflected in improvements in records management & reporting. Other Capacity Building and Institutional Strengthening initiatives are also lined up to sustain the real progress made to date in the management and administration of the Office. Table 4

Projects/Activities Outputs 2014 2015 2016 2017

1. Progress Legislative amendments

Revised legislation in effect and being operated under

2. PC Capacity Building program

Staff/Professional Development Plan implemented

3. PC Institutional Strengthening Program

Improved Records & Finance Management

ICT Support & Databases created

Key Performance Indicators (KPIs)4.1 Reduced backlog of deceased estate matters,4.2 Reduced turnaround times for closing deceased estate files, and

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4.3 Increase in number of property/assets managed.

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Key Result Area 5: Land Tribunal Services

Objective: Effective processes for settling land disputes, deciding on settlement payments over national land, and deciding on applications for customary land tenure conversions.

Land Titles CommissionThe Land Titles Commission (LTC) is established by the Land Titles Commission Act 1962. It is a quasi-judicial Tribunal which determines applications for land tenure conversions of customary land and other disputes as to whether land is customary or State (alienated). It also has additional jurisdiction under Section 4 of the Land Disputes Settlement Act and Chapter 45 and Section 5 and 9 of the Land Act 1996.National Lands CommissionThe National Lands Commission (NLC) is established under Section 25 of the National Land Registration Act and is responsible for the determination of settlement payments (compensation) for land acquired by the State in the pre-independence era, and also to maintain a register for all national land secured for public purposes. The Commission exercises quasi-judicial powers in determining and resolving issues relating to the payment of settlement payments.The White Paper on Law and Justice in Papua New Guinea recommends their amalgamation and incorporation into the District Court. Whilst that is pending, the National Lands Commission has been instructed to complete its current work load of settling all its outstanding claims for settlement payments and then be abolished. All current staff will then be transferred into the Land Titles Commission to strengthen and improve its capacity.

Table 5Projects/Activities Outputs 2014 2015 2016 2017

1. Merger of LTC and NLC

Complete all outstanding NLC work

New entity created merging LTC/NLC functions

2. Digitization of Records

Electronic National Land Register and effective management of land tenure conversion process

Key Performance Indicators (KPIs):5.1 Reduced claims for settlement payments over national land, and5.2 Reduced backlog of land tenure conversion applications.

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Key Result Area 6: Corporate Management and Sector Coordination

Objective: Provide strategic and corporate leadership to ensure that the department performs its core functions effectively and efficiently.

Executive ManagementIn order to ensure strategic and corporate leadership for the effective and efficient performance of our core functions, the Executive Management branch has embarked on a system of governance through the following responsibilities: coordinating timely advice to NEC, Attorney General, Ministerial Committees, CACC, and other state agencies; planning and setting of organizational priorities; Performance management of branches and specialist committees; supervision and control of the department through an effective Senior Management Team (SMT) and decision-making process; and providing secretariat support to the Judicial and Legal Services Commission (JLSC) and the Advisory Committee on the Power of Mercy (ACOPOM).Planning & Performance MonitoringThe Planning and Performance Monitoring Branch is responsible for articulating and managing the strategic direction, and ensuring the department stays focused towards it through the short and medium term planning processes. The branch also facilitates the quarterly reviews thereby enabling the development of a reporting culture within the department. The branch is currently expanding its role in the areas of branch performance monitoring, output evaluation and analysis, and reporting with the development of a Monitoring and Evaluation Framework in 2014. Financial ManagementThe Branch is responsible for enhancing accountability and efficiency of the accounting system across the Department. This involves the effective management of accounting systems and processes, Trust Accounts, Law and Justice Sector Imprest Accounts, and ensuring compliance with the Public Finances (Management) Act, Financial Procedures and Instructions and implementing expenditure control processes. The key priority activity is to ensure smooth migration from the current PGAS system to the new IMFS system and effective management of the integrated and multi-year budgeting system. Human Resources ManagementThe Branch is responsible for the department’s workforce and the range of organizational development activities, the most significant being the organisation restructure. It is also responsible for professional development and training, performance management processes, and other cross-cutting issues. The branch will continue to perform its roles and responsibilities in: Managing the organizational restructure and monitoring staff establishment levels; Managing and coordinating recruitment and employment contract administration; Administration of salaries and conditions of service for all employees; Managing and coordinating professional development and staff training activities; Performance management and facilitation of disciplinary matters; Administration of institutional housing for employees; Provision of HR reporting and management information; and Ensuring compliance with the Equal Employment Opportunities and HIV/AIDS policies.

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The branch is focused towards finalising some key policy documents that have been outstanding over a number of years and eventually having all these policies compiled as a DJAG Staff Hand Book/Manual. Another key activity is the mainstreaming cross-cutting issues and the roll-out of the Transformational Leadership Development Program.Information Management The Information Management Branch is responsible for the provision of information & communications technology (ICT), legal library, and records management services to the Department. The Branch supports more than 300 computer-users across all the department’s offices in Port Moresby and regional centres through Provision of reliable ICT services, including adequate back-up and disaster-recovery measures; supporting application and database systems; and managing the legal Library Service, and the records management and archival system. Properties & Security The activity is a key priority of the department and therefore is under the direct supervision and oversight of the Secretary. This is to ensure that key activities/project/contracts are closely monitored to ensure value for money. Notable progress/achievements from 2010 - 2014 justify the continuity of current arrangements but more importantly, the ‘5 Year Infrastructure and Capital Works Program 2013 – 2017’.Law and Justice Sector SecretariatThe Law and Justice Sector Secretariat is now attached to the department as an activity. It provides secretariat support to the National Coordination Mechanism of the Law and Justice Sector and also the Ministerial Committee on Law and Order thereby facilitating an integrated and sector-wide development agenda in line with the wider whole of government policy of integrated and multi-year planning and budgeting. Table 6

Projects/Activities Outputs 2014 2015 2016 2017

1. Implement the ‘5 Year Infrastructure & Capital Works Program’ as prioritized with the sector

Annual priorities completed, commissioned and in use.

2. Improve Office facilities, ICT systems and other logistics

IMSs, IGIS, IFMS, Payroll System, Electronic Library & Archives.

3. Increase manpower in State & Government lawyers as well as justice administration personnel

Annual recruitment targets for each category are achieved.

4. All State lawyers and justice administration personnel highly trained with

Continuing Legal Education Program

Specialist Justice Administration Training

Overseas Twinning Programs

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emphasis on early and lasting resolutions

5. Performance Management & Sector Coordination

Integrated Plan, Budget & Cash Flow Management

Quarterly Branch and Department Reports

Annual Law and Justice Sector budgets and reports

Key Performance Indicators (KPIs)6.1 Timely release of Corporate/Annual Plans, Annual Management Report and other reports,6.2 Timely release of Budget and Expenditure Reports, 6.3 Staff Establishment reflects targeted increases in manpower and workforce demographics,6.4 Office space/accommodation conducive and regional presence increased,6.5 Information and Communication systems/services responsive to emerging needs/expectations.

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Implementation Arrangements

Organisational StructureThe department has had a major organisational restructure during 2013 which was approved for implementation commencing in 2014. The key feature of this restructure was the establishment of a third division/wing called Justice Administration headed by a third Deputy Secretary. It follows immediately after the establishment in 2012 of a new branch called Restorative Justice and Crime Prevention Coordination. These now fully integrate into the department the national law and justice policy aspirations.The restructure also fulfils the desire to bring better coordination and monitoring to the previously loosely aligned justice services branches, like village courts and land mediation, probation services, parole services, and juvenile justice services. The organizational restructure also acknowledges the key aspects of the DSP and MTDPs, in that it provides for improvements in service delivery infrastructure and targeted and phased increases in manpower across core functional operations to meet our service delivery obligations and to meet our expanding workload.Figure 3: Organization Structure

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Resourcing the Plan (Multi-year Outlook)In line with the one-line and multi-year planning and budgeting process, this Corporate Plan 2014 – 2017 includes a five year fiscal framework, with the annual forecasts for staffing and budget levels.

Table 7PROJECTIONS 2014 2015 2016 2017 2018 Total

Staffing (Manpower) 491 569 659 760 -

1. Budget (Operations) K45.4m K112.1m K114.7m K117.3m -

2. Budget (Capital Investment)

a) State Legal - K7.2m K4.1m K4m K1.1m K16.5m

b) Justice Admin - K4.6m K3.6m K1.8m - K10m

c) Infrastructure K6.3m K19.6m K22.8m K25.9m - K68.3m

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Monitoring, Evaluation and Reporting FrameworkWhether the Corporate Objectives are being achieved is determined by measuring the KPIs during the Quarterly Performance Review process. The KPIs are linked to the Outputs which will result from the Inputs (resourcing and performance/tasks) to the completion/progress of the priority activities. Thus, focusing resources on the priority projects will deliver the planned Outputs. The Outputs will then be monitored to determine progress towards the KPIs. The KPIs will indicate if the Corporate Objective is being achieved. The detailed M&E and Reporting Framework is a separate document and is foreshadowed by the Sector Performance Monitoring Framework. It will provide structure to the current report compiling process.

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