67. Are there provisions for conflict of interests for candidates and/or elected officials?

Personal interest.

(1) A person to whom this Law applies who fails to reveal to the Ombudsman Commission and the appropriate authority the nature and extent of his interest, or the interest of an associate, in a matter with which he has to deal in his official capacity is guilty of misconduct in office.

(2) A person to whom this Law applies–

(a)           who, or an associate of whom, has an interest in a matter which he has to deal with in an official capacity; and

(b)           who does deal with that matter (whether by voting on a question concerning it or otherwise),

is, subject to Subsection (3), guilty of misconduct in office.

(3) Subsection (2) does not apply if the person concerned dealt in good faith with the matter–

(a)           under compulsion of law; or

(b)           in case of urgent necessity, if he–

(i)            has revealed his interest in accordance with Subsection (1); or

(ii)            does so reveal his action as soon as practicable; or

(c)           after he has revealed his interest in accordance with Subsection (1) and under authorization by the appropriate authority.

(4) In this section, “the appropriate authority” means–

(a)           in relation to the Prime Minister and each Minister–the National Executive Council; and

(b)           in relation to each member of the Parliament (including the Prime Minister, a Minister, the Leader of the Opposition and the Deputy Leader of the Opposition)–the Parliament; and

(c)           in relation to the head of each provincial executive–the Provincial Assembly; and

(d)           in relation to each other person specified in Section 26 (application of Division 2) of the Constitution–the authority responsible for the appointment to office of that person.

Source: Article 6, Organic Law on the Duties and Responsibilities of leadership No 906 of 9998

7.            Company directorships, etc.

(1) Subject to Subsection (2), a Minister–

(a)           who becomes or nominates a director of a company or a foreign enterprise; or

(b)           whose spouse or any of whose children under voting age becomes or nominates a director of a company or foreign enterprise,

is guilty of misconduct in office.

(2) A Minister who fails to give priority to official business over personal business is guilty of misconduct in office.

(3) Subsection (1) does not apply to or in relation to–

(a)           an honorary directorship; or

(b)           a directorship held by the Minister as a nominee of Papua New Guinea in which Papua New Guinea has a fiscal interest where–

(i)            no direct or indirect financial benefit is received by the Minister as such a nominee; or

(ii)            any direct or indirect financial benefit received by the Minister as such a nominee is paid by him into the Consolidated Revenue Fund; or

(c)           a company at least one-half of the voting rights in which are beneficially held by the Minister or his spouse or any of his children under voting age and in respect of which citizens of Papua New Guinea have effective control; or

(d)           a Business Group incorporated under the Business Groups Incorporation Act 1974; or

(e)           an incorporated Land Group recognized under the Land Groups Act 1974,

where the Minister has obtained the permission of the Ombudsman Commission.

(3) Subsection (1) does not prevent a person who becomes a Minister, or the spouse or child of such a person, from continuing to act as a director of a company or a foreign enterprise for any period that is reasonably required to enable him to divest himself of the office, or from acting as a director during such period–

(a)           as is required by law; or

(b)           for the purpose of taking any steps that may be necessary to enable him to divest himself of that office.

(4) Subsection (1) does not prevent a person who becomes a Minister, or the spouse or child of such a person, from continuing to act as a director of a company or a foreign enterprise for any period that is reasonably required to enable him to divest himself of the office, or from acting as a director during such period as is required–

(a)           by law; or

(b)           for the purpose of taking any steps that may be necessary to enable him to divest himself of that office.

Source: Article 7, Organic Law on the Duties and Responsibilities of leadership No 906 of 9998

8.            Shareholdings.

(1) Subject to Subsections (3) and (4), a person to whom this Law applies–

(a)           who holds shares or any other investment in any company or unincorporated profit-seeking organization; or

(b)           whose spouse or any of whose children under voting age hold any such shares or other investment,

that could reasonably be expected to place him in a position in which he could have a conflict of interests or might be compromised when discharging his public or official duties, is guilty of misconduct in office.

(2) Subject to Subsections (3) and (4), a person to whom this Law applies–

(a)           who holds shares or other investment in any foreign enterprise; or

(b)           whose spouse or any of whose children under voting age holds any such shares or other investment,

is guilty of misconduct in office.

(3) Subsections (1) and (2) do not apply to a person who, prior to obtaining the shares or making the investment, has obtained the written approval of the Ombudsman Commission to do so.

(4) Subsections (1) and (2) do not prevent a person who becomes a person to whom this Law applies, or the spouse or child of such a person, who–

(a)           at the time the person becomes such a person holds shares or other investment in any company or unincorporated profit-seeking organization; or

(b)           unexpectedly acquires shares or other investment in any company or unincorporated profit-seeking organization,

from holding the shares or maintaining the investment for such period as is reasonably necessary to dispose of them.

(5) Subject to Subsection (4), the Ombudsman Commission may, from time to time, publish guidelines specifying the conditions and restrictions subject to which it may grant approvals under Subsection (3).

Source: Article 8, Organic Law on the Duties and Responsibilities of leadership No 906 of 9998

9.            Engaging in other paid employment.

(1) A person to whom this Law applies who after becoming such a person remains in, or engages in any paid employment other than his official employment, without obtaining the written approval of the Ombudsman Commission, is guilty of misconduct in office.

(2) The Ombudsman Commission shall not grant an approval under Subsection (1) where it is of the opinion that–

(a)           the remaining in, or engaging in other paid employment may involve the person in significant potential conflict of interest; or

(b)           the obtaining of the paid employment involves or involved the use by that person of his official position.

Source: Article 9, Organic Law on the Duties and Responsibilities of leadership No 906 of 9998

10.           Interests in contracts.

(1) Subject to Subsection (2), a person to whom this Law applies–

(a)           who; or

(b)           whose spouse or child under voting age; or

(c)           who has a controlling interest in a company and whose company,

seeks, accepts or holds any beneficial interest in any contract of Papua New Guinea is guilty of misconduct in office.

(2) Subsection (1) does not apply to a person who, prior to seeking, accepting or otherwise obtaining the beneficial interest in the contract, has obtained the written approval of the Ombudsman Commission to do so.

(3) The Ombudsman Commission shall not grant an approval under Subsection (2) where it is of the opinion that–

(a)           the holding of a beneficial interest in such a contract may involve the person in significant potential conflict of interest; or

(b)           the seeking, accepting or obtaining the beneficial interest involves or involved the use by that person of his official position.

Source: Article 10, Organic Law on the Duties and Responsibilities of leadership No 906 of 9998

15.           Disclosure of interest before debate or voting.

(1) A member of a legislative or executive body who proposes to speak or vote on any matter before the body or a committee of the body, and who has a direct or indirect beneficial interest in the matter, shall first disclose to the body or the committee the nature of his interest in the matter.

(2) If so requested by any other member of the body with the leave of the person presiding, the member shall give reasonable particulars of his interest in clarification or expansion of his disclosure.

(3) A disclosure under Subsection (1) shall be recorded in the minutes of proceedings of the body or of the committee of the body, as the case may be, and after the disclosure, the member–

(a)           shall not take part in any deliberation or decision of the body, unless the body otherwise resolves; and

(b)           shall be disregarded for the purposes of constituting a quorum of the body for any such deliberation or decision; and

(c)           may, by resolution of the body, be excluded from the meeting.

(4) Where–

(a)           after a member has made a disclosure under this Law any information comes to his knowledge that leads him to believe or suspect, or ought reasonably to make him believe or suspect, that the disclosure was inadequate or incorrect; or

(b)           any information comes to the knowledge of a member which, if known earlier, would have obliged him to make a disclosure to the body of which he is a member, he shall–

(i)            immediately inform the Speaker, Governor, Chairman or other person who normally presides at meetings of the body; and

(ii)            disclose the information to the first meeting of the body after the information comes to his knowledge.

(5) A person to whom this Law applies who fails to make a disclosure as required by this section is guilty of misconduct in office.

(6) In this section “member of a legislative or executive body” and “member” means a person to whom this Law applies who is a member of–

(a)           the Parliament; or

(b)           the National Executive Council; or

(c)           a Provincial Government; or

(d)           a Local-level Government or Local-level Government Special Purposes Authority; or

(e)           any other legally recognized body having governmental functions.

Source: Article 15, Organic Law on the Duties and Responsibilities of leadership No 906 of 9998

56. PERSONS WHO HAVE RESIGNED FROM THE PUBLIC SERVICE TO BECOME CANDIDATES AT ELECTIONS.

(1) An officer (including a departmental head) who wishes to contest in a National or Local Level Government election shall resign in order to stand as a candidate in the election by giving the required notice under employment arrangements.

(2) An officer exercising the right to resign and stand for election shall resign –

(a) in the case of a National Election, not less than six months before the issuance of the writs for the election; and

(b) in the case of a Local Level Government election not less than one month before the issuance of the writs for the election.

(3) The office held by the officer at the time of resignation under this section becomes vacant and may be filled substantively or in an acting capacity by another officer.

(4) An officer who has resigned and has failed to win a seat in the election has no automatic right to be re-admitted to the Public Service and if wishing to be re-admitted to the Public Service shall apply for re-appointment.

(5) An officer who resigns under this section may exercise the option to leave his service without taking receipt of his service related termination benefits and in the event of failing to win a seat and having successfully obtained re-admittance to the Public Service, the period of absence shall be counted as leave without pay and not to count as service.

Source: Article 56, Public Services (Management) Act No 22 of 2014

 

Elected officials and their must disclose any personal interests he/she or an associate has in a matter with which he/she has to deal to the Ombudsman Commission. Elected officials, their spouses and children under voting age may not, without the approval of the Ombudsman Commission,  accept company directorships, have shareholdings which may create a conflict of interest, take other paid employment or  have an interest in any contract,  and must disclose any beneficial before any debate or voting in the legislature  on a related issue. Public servants who wish to become national election candidates must resign at least 6 months before the issue of the writs for the election