{"id":"C2004A00033","name":"Papua New Guinea (Staffing Assistance) Act 1973","slug":"papua-new-guinea-staffing-assistance-act-1973","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"70 of 1973","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2685,"registerId":"commonwealth-C2004A00033-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Papua New Guinea (Staffing Assistance) Act 1973.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Board means the Superannuation Board.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> decision has the same meaning as in the Administrative Review Tribunal Act 2024.\n\n> decision of CSC means a decision of CSC, or a delegate of CSC, under this Act or the regulations.\n\n> prescribed date means the date of commencement of this Act.\n\n> Provident Account means the Papua New Guinea Provident Account that was continued in existence by section 36.\n\n> Reconsideration Advisory Committee means a Committee established under section 55.\n\n> Reserve Units of Pension Account means the Reserve Units of Pension Account that was continued in existence by section 37.\n\n> Superannuation Board means the Papua New Guinea Superannuation Board that was continued in existence by section 20.\n\n> Superannuation Fund means the Papua New Guinea Superannuation Fund that was continued in existence by section 34.\n\n  (2) In this Act, unless the contrary intention appears:\n    (b) where an expression is given a particular meaning, other parts of speech and grammatical forms of the same expression have corresponding meanings.\n  (3) In this Act, a reference to Papua New Guinea, in relation to a time after Papua New Guinea becomes an independent sovereign state, is a reference to the Independent State of Papua New Guinea.","sortOrder":3},{"sectionNumber":"Part III","sectionType":"part","heading":"Compensation on termination of employment","content":"## Part III—Compensation on termination of employment","sortOrder":4},{"sectionNumber":"19","sectionType":"section","heading":"Benefits under Part III","content":"#### 19 Benefits under Part III\n\n  (1) Where a person has made an election under section 13 of this Act as in force before 1 July 1976 or the employment of a person has been terminated under section 14 of this Act as so in force, the person is entitled to the prescribed benefits.\n  (2) Regulations under subsection (1) shall be made with a view to giving effect to such recommendations of the Simpson Report as have been accepted by the Commonwealth and the Government of Papua New Guinea, but nothing in this subsection prevents the regulations from providing for greater benefits than those recommended in that Report.\n  (2A) Regulations under subsection (1) may include provision for deferred benefits in specified circumstances.\n  (3) The regulations may make different provision in relation to elections made, and employment terminated, under different provisions of this Part.\n  (4) In this section, the Simpson Report means the report relating to employment security for overseas officers of the Public Service of Papua New Guinea made by Mr. A. M. Simpson, C.M.G., to the Minister for External Territories and the Chief Minister of Papua New Guinea and dated 23rd October, 1972.","sortOrder":5},{"sectionNumber":"Part V","sectionType":"part","heading":"Superannuation","content":"## Part V—Superannuation","sortOrder":6},{"sectionNumber":"38","sectionType":"section","heading":"Regulations relating to superannuation","content":"#### 38 Regulations relating to superannuation\n\n  (1) The regulations may make provision for and in relation to:\n    (a) contributions to be paid to the Commonwealth by persons (including persons who have ceased to be employed under Part II in specified circumstances) who, immediately before the prescribed date, were required or permitted to contribute to the Papua New Guinea Superannuation Fund or the Papua New Guinea Provident Account under the Superannuation Ordinance;\n    (b) payments to be made by the Commonwealth to and in relation to:\n    (i) persons referred to in paragraph (a); and\n    (ii) persons who, immediately before the prescribed date, were entitled to pension in accordance with the Superannuation Ordinance or in accordance with the Superannuation Ordinance 1917‑1955 of the Territory of Papua or the Superannuation Ordinance 1928‑1955 of the Territory of New Guinea, as the case may be; and\n    (c) matters incidental to or connected with matters referred to in paragraphs (a) and (b).","sortOrder":7},{"sectionNumber":"Part IX","sectionType":"part","heading":"Miscellaneous","content":"An Act relating to the Provision by Australia of Staffing Assistance for Papua New Guinea and Preservation of Rights of certain Persons presently employed in Papua New Guinea\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Papua New Guinea (Staffing Assistance) Act 1973.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Board means the Superannuation Board.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> decision has the same meaning as in the Administrative Review Tribunal Act 2024.\n\n> decision of CSC means a decision of CSC, or a delegate of CSC, under this Act or the regulations.\n\n> prescribed date means the date of commencement of this Act.\n\n> Provident Account means the Papua New Guinea Provident Account that was continued in existence by section 36.\n\n> Reconsideration Advisory Committee means a Committee established under section 55.\n\n> Reserve Units of Pension Account means the Reserve Units of Pension Account that was continued in existence by section 37.\n\n> Superannuation Board means the Papua New Guinea Superannuation Board that was continued in existence by section 20.\n\n> Superannuation Fund means the Papua New Guinea Superannuation Fund that was continued in existence by section 34.\n\n  (2) In this Act, unless the contrary intention appears:\n    (b) where an expression is given a particular meaning, other parts of speech and grammatical forms of the same expression have corresponding meanings.\n  (3) In this Act, a reference to Papua New Guinea, in relation to a time after Papua New Guinea becomes an independent sovereign state, is a reference to the Independent State of Papua New Guinea.\n\n## Part III—Compensation on termination of employment\n\n#### 19 Benefits under Part III\n\n  (1) Where a person has made an election under section 13 of this Act as in force before 1 July 1976 or the employment of a person has been terminated under section 14 of this Act as so in force, the person is entitled to the prescribed benefits.\n  (2) Regulations under subsection (1) shall be made with a view to giving effect to such recommendations of the Simpson Report as have been accepted by the Commonwealth and the Government of Papua New Guinea, but nothing in this subsection prevents the regulations from providing for greater benefits than those recommended in that Report.\n  (2A) Regulations under subsection (1) may include provision for deferred benefits in specified circumstances.\n  (3) The regulations may make different provision in relation to elections made, and employment terminated, under different provisions of this Part.\n  (4) In this section, the Simpson Report means the report relating to employment security for overseas officers of the Public Service of Papua New Guinea made by Mr. A. M. Simpson, C.M.G., to the Minister for External Territories and the Chief Minister of Papua New Guinea and dated 23rd October, 1972.\n\n## Part V—Superannuation\n\n#### 38 Regulations relating to superannuation\n\n  (1) The regulations may make provision for and in relation to:\n    (a) contributions to be paid to the Commonwealth by persons (including persons who have ceased to be employed under Part II in specified circumstances) who, immediately before the prescribed date, were required or permitted to contribute to the Papua New Guinea Superannuation Fund or the Papua New Guinea Provident Account under the Superannuation Ordinance;\n    (b) payments to be made by the Commonwealth to and in relation to:\n    (i) persons referred to in paragraph (a); and\n    (ii) persons who, immediately before the prescribed date, were entitled to pension in accordance with the Superannuation Ordinance or in accordance with the Superannuation Ordinance 1917‑1955 of the Territory of Papua or the Superannuation Ordinance 1928‑1955 of the Territory of New Guinea, as the case may be; and\n    (c) matters incidental to or connected with matters referred to in paragraphs (a) and (b).\n\n## Part IX—Miscellaneous\n\n### Division 1—Review of decisions by CSC\n\n#### 54 Review of decisions of CSC\n\n  (2) A person who is affected by a decision of CSC and is dissatisfied with the decision may, by notice in writing given to CSC within a period of 30 days after the date on which the decision first comes to the notice of the person, or within such further period as CSC allows, request CSC to reconsider the decision.\n  (3) There shall be set out in the request the ground on which the request is made.\n  (4) After receiving a request for reconsideration of a decision, CSC must:\n    (a) refer the decision to a Reconsideration Advisory Committee for the Committee to make recommendations to CSC in relation to the decision; or\n    (b) refer the decision to a Reconsideration Advisory Committee for the Committee to reconsider the decision; or\n    (c) reconsider the decision itself.\n  (4A) If CSC reconsiders a decision, it may:\n    (a) confirm the decision; or\n    (b) vary the decision; or\n    (c) set aside the decision and substitute a new decision.\n  (5) CSC shall, by notice in writing sent or delivered to the person who made the request, inform the person of the result of its reconsideration of the decision.\n\n### Division 2—Reconsideration Advisory Committees\n\n#### 55 Establishment of Committee\n\n  CSC may establish such Reconsideration Advisory Committees as CSC considers necessary.\n\n#### 55A Member of Committee\n\n  A Committee comprises such persons as CSC determines.\n\n#### 55B Functions of Committee\n\n  (1) The functions of a Committee are to review any decision referred to it under this Act and:\n    (a) if CSC has delegated its powers to reconsider the decision to the Committee—to confirm, vary, substitute or set aside the decision; or\n    (b) if CSC has delegated to the Committee any of CSC’s powers in relation to the decision (other than the power to reconsider the decision)—to exercise those powers; or\n    (c) in any other case—to make recommendations to CSC in relation to the decision.\n\nNote: Paragraph (c)—see section 55F.\n\n  (2) When reviewing a decision, a Committee:\n    (a) must take into account any evidence relevant to the decision that is submitted to it; and\n    (b) may also take steps to obtain any other evidence that it considers necessary for a proper review of the decision.\n\n#### 55C Proceedings of Committee\n\n  (1) Subject to any directions given by CSC, the Committee may regulate its proceedings as the Committee thinks fit.\n  (2) If a direction is given in writing, the direction is not a legislative instrument.\n\n#### 55D Indemnification of members of a Committee\n\n  Any matter or thing done, or omitted to be done, in good faith by a member of a Committee in the performance of functions under this Act does not subject him or her to any action, liability, claim or demand.\n\n> Note: See also section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n#### 55E Remuneration and allowances\n\n  (1) A member of a Committee is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid such remuneration as is prescribed.\n  (2) A member of a Committee is to be paid such allowances (if any) as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 55F Recommendations by Committee to CSC\n\n  (1) If a Committee makes recommendations to CSC in relation to a decision referred to it, then, after CSC takes into account:\n    (a) the recommendations of the Committee; and\n    (b) any other matter that CSC considers relevant;\n  CSC must make a decision in writing:\n    (c) confirming the decision under review; or\n    (d) varying the decision under review; or\n    (e) setting aside the decision under review and substituting a new decision.\n  (2) CSC’s written decision must include the reasons for its decision.\n  (3) CSC must make a copy of its written decision available to the applicant.\n\n### Division 3—Review of decisions by the Administrative Review Tribunal\n\n#### 55G Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for:\n    (a) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 54(4A)(a) or (b); and\n    (b) review of a decision of CSC that has been confirmed or varied by a Reconsideration Advisory Committee under paragraph 55B(1)(a); and\n    (c) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 55F(1)(c) or (d).\n\n### Division 4—Miscellaneous\n\n#### 55H Minister may request the supply of information relating to superannuation\n\n  CSC must give the Minister such information relating to the general administration and operation of this Act to the extent that it deals with superannuation, as the Minister may from time to time require.\n\n#### 56 Desertion by pensioner of wife or children\n\n  (1) Where a pensioner deserts his wife or leaves her without means of support, the wife may, from time to time, apply to a court of summary jurisdiction and, on proof that the wife has been deserted or left without means of support, the court may order the payment to the wife, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (2) Where a pensioner whose wife is dead or divorced deserts any of his children who are dependent on him, or leaves them without means of support, the guardian of the children, or CSC, may, from time to time, apply to a court of summary jurisdiction and, on proof that any child of the pensioner who is dependent on him has been deserted or left without means of support, the court may order the payment to the guardian of the child, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (3) CSC shall comply with any order made under this section and the amount of the pension payable to the pensioner shall be reduced by the amount payable in pursuance of the order.\n  (4) In this section, pension means a pension payable under this Act.\n\n#### 58 Arrangements for reimbursement of Commonwealth by certain authorities\n\n  Where benefits have been, are or may become payable under Part V to or in relation to a person who was or is required or permitted to contribute to the Superannuation Fund or the Provident Account or to the Commonwealth and, while being so required or permitted, was or is receiving a salary from an authority of Papua New Guinea, the Minister may enter into an arrangement with that authority providing for the reimbursement of the Commonwealth in respect of payments made by the Commonwealth in respect of those benefits.\n\n#### 60 No assignment of benefits\n\n  Subject to section 61, a benefit under Part V is not capable of being assigned or charged or of passing by operation of law, and any moneys paid or payable out of the Superannuation Fund, the Provident Account or the Reserve Units of Pension Account or by the Commonwealth on the death of a person are not liable to be applied or made available in payment of his debts or liabilities.\n\n#### 61 Attachment of benefits\n\n  (1) Where a judgment given by a court for the payment of a sum of money has not been fully satisfied by the judgment debtor and the judgment debtor is entitled to benefit under Part V, the judgment creditor may serve on CSC, in the manner prescribed, a copy of the judgment, certified under the hand of the registrar or other proper officer of the court by which the judgment was given, and a statutory declaration by the judgment creditor stating that the judgment has not been fully satisfied by the judgment debtor and specifying the amount due by the judgment debtor under the judgment.\n  (2) Where a copy of a judgment and a statutory declaration are served on CSC in accordance with subsection (1), CSC shall, as soon as practicable, by notice in writing given to the judgment debtor, inform him of the service of those documents and require him to notify CSC within the period, and in the manner, specified in the notice, whether the amount specified in the declaration is still due under the judgment and, if no amount or a lesser amount is due under the judgment, to furnish to CSC, in the manner specified in the notice, evidence in support of that fact.\n  (3) A person to whom a notice is given under subsection (2) shall comply with the requirements contained in the notice.\n\nPenalty: 1 penalty unit.\n\n  (4) If, at the expiration of the period specified in the notice, CSC is satisfied that an amount is due under the judgment, CSC may, in his discretion, deduct from the benefit, and pay to the judgment creditor, such sums as do not exceed that amount.\n  (5) A deduction shall not be made from:\n    (a) an instalment of pension payable in respect of a child; or\n    (b) an instalment of any other pension if the deduction will reduce the amount of the instalment payable to less than one‑half of the amount that would, but for this section, be payable.\n  (6) If, after a copy of a judgment given against a beneficiary, being a judgment in respect of which CSC is satisfied that an amount is due, has been served in accordance with subsection (1), a copy of another judgment given (whether before or after the first‑mentioned judgment) against the same beneficiary in favour of the person in whose favour the first‑mentioned judgment was given or in favour of another person is served under that subsection, CSC shall not make a payment in accordance with this section to the judgment creditor under the other judgment in respect of the amount due under that judgment until the amount due under the first‑mentioned judgment has been paid.\n  (7) A payment made to a judgment creditor in accordance with this section shall, as between CSC and the beneficiary, be deemed to be a payment under Part V to the beneficiary.\n  (8) A judgment creditor who serves a copy of a judgment on CSC under subsection (1) shall notify CSC, in the manner prescribed, immediately the judgment debt is satisfied.\n\nPenalty: Imprisonment for 3 months or 1 penalty unit.\n\n  (9) If the amounts paid in accordance with this section to a judgment creditor in respect of a judgment exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in a court of competent jurisdiction.\n\n#### 62A Payments may be made by Papua New Guinea\n\n  Where the whole or part of any benefit payable to a person under this Act is paid to that person by the Government of Papua New Guinea out of the moneys of that Government, the amount of that benefit that would, but for this section, be payable under this Act by Australia to that person shall be reduced by the amount so paid.\n\n#### 62B Recoverable death payments\n\n  (1) If, apart from this subsection, the Commonwealth does not have power under this Act or the regulations to pay an amount (the relevant amount) in any of the following circumstances:\n    (a) the relevant amount is deposited to an account kept in the name of a deceased person;\n    (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;\n    (c) the relevant amount is paid by way of a cheque made out to a deceased person;\n  the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:\n    (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the chief executive officer (however described) of CSC did not know that the deceased person had died; and\n    (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.\n  (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n  Recovery\n  (3) If a payment is made under subsection (1), the relevant amount:\n    (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and\n    (b) may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n#### 62C Reports about recoverable death payments\n\n  (1) CSC must cause a report of the following information to be published, in such manner as the Board of CSC thinks fit:\n    (a) the number of payments that any employee of CSC was aware of that were made under subsection 62B(1) during the reporting period (see subsection (2) of this section);\n    (b) the total amount of payments referred to in paragraph (a);\n    (c) the number of payments made under subsection 62B(1) that any employee of CSC became aware of during the reporting period that were made during an earlier reporting period;\n    (d) the total amount of payments referred to in paragraph (c);\n    (e) for each payment referred to in paragraph (c)—the reporting period in which the payment was made.\n  (2) The reporting period is:\n    (a) a financial year; or\n    (b) if a shorter recurring period is prescribed under paragraph (5)(a)—that period.\n  (3) A report is not required if no employee of CSC is aware of any payments referred to in paragraph (1)(a) or (c).\n  When report must be provided\n  (4) The report must be provided before the end of the following period:\n    (a) 4 months after the end of the reporting period;\n    (b) if a lesser number of months has been prescribed for the reporting period under paragraph (5)(b)—that number of months after the end of the reporting period.\n  Power to make legislative instruments\n  (5) The Minister may, by legislative instrument, prescribe:\n    (a) a period for the purposes of paragraph (2)(b); or\n    (b) a number of months for a reporting period for the purposes of paragraph (4)(b).\n\n#### 64 Delegations\n\n  (1) The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided by the instrument of delegation, all or any of his powers and functions under this Act (except this power of delegation).\n  (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation and, when so exercised or performed, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.\n  (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.\n\n#### 65 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or to be provided for by regulation, or that are necessary or convenient to be prescribed for giving effect to this Act, and, in particular:\n    (a) for enabling a specified officer of the Public Service of the Commonwealth to delegate his powers and functions under regulations made for the purposes of Part II; and\n    (b) for prescribing penalties not exceeding a fine of 1 penalty unit for offences against the regulations.\n  (2) The power to make regulations conferred by this Act shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that:\n    (a) provision is made by this Act in relation to that matter or another matter; or\n    (b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter.\n  (3) The power to make regulations conferred by this Act may be exercised:\n    (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and\n    (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case.\n  (4) The power conferred by this Act to make modifications by regulation includes the power to omit any matter or add any new matter.\n  (5) The limitation imposed by subsection (1) on the penalties that may be prescribed by regulation does not prevent the regulations from requiring a person to make a statutory declaration.","sortOrder":8},{"sectionNumber":"Division 1","sectionType":"division","heading":"Review of decisions by CSC","content":"An Act relating to the Provision by Australia of Staffing Assistance for Papua New Guinea and Preservation of Rights of certain Persons presently employed in Papua New Guinea\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Papua New Guinea (Staffing Assistance) Act 1973.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Board means the Superannuation Board.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> decision has the same meaning as in the Administrative Review Tribunal Act 2024.\n\n> decision of CSC means a decision of CSC, or a delegate of CSC, under this Act or the regulations.\n\n> prescribed date means the date of commencement of this Act.\n\n> Provident Account means the Papua New Guinea Provident Account that was continued in existence by section 36.\n\n> Reconsideration Advisory Committee means a Committee established under section 55.\n\n> Reserve Units of Pension Account means the Reserve Units of Pension Account that was continued in existence by section 37.\n\n> Superannuation Board means the Papua New Guinea Superannuation Board that was continued in existence by section 20.\n\n> Superannuation Fund means the Papua New Guinea Superannuation Fund that was continued in existence by section 34.\n\n  (2) In this Act, unless the contrary intention appears:\n    (b) where an expression is given a particular meaning, other parts of speech and grammatical forms of the same expression have corresponding meanings.\n  (3) In this Act, a reference to Papua New Guinea, in relation to a time after Papua New Guinea becomes an independent sovereign state, is a reference to the Independent State of Papua New Guinea.\n\n## Part III—Compensation on termination of employment\n\n#### 19 Benefits under Part III\n\n  (1) Where a person has made an election under section 13 of this Act as in force before 1 July 1976 or the employment of a person has been terminated under section 14 of this Act as so in force, the person is entitled to the prescribed benefits.\n  (2) Regulations under subsection (1) shall be made with a view to giving effect to such recommendations of the Simpson Report as have been accepted by the Commonwealth and the Government of Papua New Guinea, but nothing in this subsection prevents the regulations from providing for greater benefits than those recommended in that Report.\n  (2A) Regulations under subsection (1) may include provision for deferred benefits in specified circumstances.\n  (3) The regulations may make different provision in relation to elections made, and employment terminated, under different provisions of this Part.\n  (4) In this section, the Simpson Report means the report relating to employment security for overseas officers of the Public Service of Papua New Guinea made by Mr. A. M. Simpson, C.M.G., to the Minister for External Territories and the Chief Minister of Papua New Guinea and dated 23rd October, 1972.\n\n## Part V—Superannuation\n\n#### 38 Regulations relating to superannuation\n\n  (1) The regulations may make provision for and in relation to:\n    (a) contributions to be paid to the Commonwealth by persons (including persons who have ceased to be employed under Part II in specified circumstances) who, immediately before the prescribed date, were required or permitted to contribute to the Papua New Guinea Superannuation Fund or the Papua New Guinea Provident Account under the Superannuation Ordinance;\n    (b) payments to be made by the Commonwealth to and in relation to:\n    (i) persons referred to in paragraph (a); and\n    (ii) persons who, immediately before the prescribed date, were entitled to pension in accordance with the Superannuation Ordinance or in accordance with the Superannuation Ordinance 1917‑1955 of the Territory of Papua or the Superannuation Ordinance 1928‑1955 of the Territory of New Guinea, as the case may be; and\n    (c) matters incidental to or connected with matters referred to in paragraphs (a) and (b).\n\n## Part IX—Miscellaneous\n\n### Division 1—Review of decisions by CSC\n\n#### 54 Review of decisions of CSC\n\n  (2) A person who is affected by a decision of CSC and is dissatisfied with the decision may, by notice in writing given to CSC within a period of 30 days after the date on which the decision first comes to the notice of the person, or within such further period as CSC allows, request CSC to reconsider the decision.\n  (3) There shall be set out in the request the ground on which the request is made.\n  (4) After receiving a request for reconsideration of a decision, CSC must:\n    (a) refer the decision to a Reconsideration Advisory Committee for the Committee to make recommendations to CSC in relation to the decision; or\n    (b) refer the decision to a Reconsideration Advisory Committee for the Committee to reconsider the decision; or\n    (c) reconsider the decision itself.\n  (4A) If CSC reconsiders a decision, it may:\n    (a) confirm the decision; or\n    (b) vary the decision; or\n    (c) set aside the decision and substitute a new decision.\n  (5) CSC shall, by notice in writing sent or delivered to the person who made the request, inform the person of the result of its reconsideration of the decision.\n\n### Division 2—Reconsideration Advisory Committees\n\n#### 55 Establishment of Committee\n\n  CSC may establish such Reconsideration Advisory Committees as CSC considers necessary.\n\n#### 55A Member of Committee\n\n  A Committee comprises such persons as CSC determines.\n\n#### 55B Functions of Committee\n\n  (1) The functions of a Committee are to review any decision referred to it under this Act and:\n    (a) if CSC has delegated its powers to reconsider the decision to the Committee—to confirm, vary, substitute or set aside the decision; or\n    (b) if CSC has delegated to the Committee any of CSC’s powers in relation to the decision (other than the power to reconsider the decision)—to exercise those powers; or\n    (c) in any other case—to make recommendations to CSC in relation to the decision.\n\nNote: Paragraph (c)—see section 55F.\n\n  (2) When reviewing a decision, a Committee:\n    (a) must take into account any evidence relevant to the decision that is submitted to it; and\n    (b) may also take steps to obtain any other evidence that it considers necessary for a proper review of the decision.\n\n#### 55C Proceedings of Committee\n\n  (1) Subject to any directions given by CSC, the Committee may regulate its proceedings as the Committee thinks fit.\n  (2) If a direction is given in writing, the direction is not a legislative instrument.\n\n#### 55D Indemnification of members of a Committee\n\n  Any matter or thing done, or omitted to be done, in good faith by a member of a Committee in the performance of functions under this Act does not subject him or her to any action, liability, claim or demand.\n\n> Note: See also section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n#### 55E Remuneration and allowances\n\n  (1) A member of a Committee is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid such remuneration as is prescribed.\n  (2) A member of a Committee is to be paid such allowances (if any) as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 55F Recommendations by Committee to CSC\n\n  (1) If a Committee makes recommendations to CSC in relation to a decision referred to it, then, after CSC takes into account:\n    (a) the recommendations of the Committee; and\n    (b) any other matter that CSC considers relevant;\n  CSC must make a decision in writing:\n    (c) confirming the decision under review; or\n    (d) varying the decision under review; or\n    (e) setting aside the decision under review and substituting a new decision.\n  (2) CSC’s written decision must include the reasons for its decision.\n  (3) CSC must make a copy of its written decision available to the applicant.\n\n### Division 3—Review of decisions by the Administrative Review Tribunal\n\n#### 55G Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for:\n    (a) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 54(4A)(a) or (b); and\n    (b) review of a decision of CSC that has been confirmed or varied by a Reconsideration Advisory Committee under paragraph 55B(1)(a); and\n    (c) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 55F(1)(c) or (d).\n\n### Division 4—Miscellaneous\n\n#### 55H Minister may request the supply of information relating to superannuation\n\n  CSC must give the Minister such information relating to the general administration and operation of this Act to the extent that it deals with superannuation, as the Minister may from time to time require.\n\n#### 56 Desertion by pensioner of wife or children\n\n  (1) Where a pensioner deserts his wife or leaves her without means of support, the wife may, from time to time, apply to a court of summary jurisdiction and, on proof that the wife has been deserted or left without means of support, the court may order the payment to the wife, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (2) Where a pensioner whose wife is dead or divorced deserts any of his children who are dependent on him, or leaves them without means of support, the guardian of the children, or CSC, may, from time to time, apply to a court of summary jurisdiction and, on proof that any child of the pensioner who is dependent on him has been deserted or left without means of support, the court may order the payment to the guardian of the child, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (3) CSC shall comply with any order made under this section and the amount of the pension payable to the pensioner shall be reduced by the amount payable in pursuance of the order.\n  (4) In this section, pension means a pension payable under this Act.\n\n#### 58 Arrangements for reimbursement of Commonwealth by certain authorities\n\n  Where benefits have been, are or may become payable under Part V to or in relation to a person who was or is required or permitted to contribute to the Superannuation Fund or the Provident Account or to the Commonwealth and, while being so required or permitted, was or is receiving a salary from an authority of Papua New Guinea, the Minister may enter into an arrangement with that authority providing for the reimbursement of the Commonwealth in respect of payments made by the Commonwealth in respect of those benefits.\n\n#### 60 No assignment of benefits\n\n  Subject to section 61, a benefit under Part V is not capable of being assigned or charged or of passing by operation of law, and any moneys paid or payable out of the Superannuation Fund, the Provident Account or the Reserve Units of Pension Account or by the Commonwealth on the death of a person are not liable to be applied or made available in payment of his debts or liabilities.\n\n#### 61 Attachment of benefits\n\n  (1) Where a judgment given by a court for the payment of a sum of money has not been fully satisfied by the judgment debtor and the judgment debtor is entitled to benefit under Part V, the judgment creditor may serve on CSC, in the manner prescribed, a copy of the judgment, certified under the hand of the registrar or other proper officer of the court by which the judgment was given, and a statutory declaration by the judgment creditor stating that the judgment has not been fully satisfied by the judgment debtor and specifying the amount due by the judgment debtor under the judgment.\n  (2) Where a copy of a judgment and a statutory declaration are served on CSC in accordance with subsection (1), CSC shall, as soon as practicable, by notice in writing given to the judgment debtor, inform him of the service of those documents and require him to notify CSC within the period, and in the manner, specified in the notice, whether the amount specified in the declaration is still due under the judgment and, if no amount or a lesser amount is due under the judgment, to furnish to CSC, in the manner specified in the notice, evidence in support of that fact.\n  (3) A person to whom a notice is given under subsection (2) shall comply with the requirements contained in the notice.\n\nPenalty: 1 penalty unit.\n\n  (4) If, at the expiration of the period specified in the notice, CSC is satisfied that an amount is due under the judgment, CSC may, in his discretion, deduct from the benefit, and pay to the judgment creditor, such sums as do not exceed that amount.\n  (5) A deduction shall not be made from:\n    (a) an instalment of pension payable in respect of a child; or\n    (b) an instalment of any other pension if the deduction will reduce the amount of the instalment payable to less than one‑half of the amount that would, but for this section, be payable.\n  (6) If, after a copy of a judgment given against a beneficiary, being a judgment in respect of which CSC is satisfied that an amount is due, has been served in accordance with subsection (1), a copy of another judgment given (whether before or after the first‑mentioned judgment) against the same beneficiary in favour of the person in whose favour the first‑mentioned judgment was given or in favour of another person is served under that subsection, CSC shall not make a payment in accordance with this section to the judgment creditor under the other judgment in respect of the amount due under that judgment until the amount due under the first‑mentioned judgment has been paid.\n  (7) A payment made to a judgment creditor in accordance with this section shall, as between CSC and the beneficiary, be deemed to be a payment under Part V to the beneficiary.\n  (8) A judgment creditor who serves a copy of a judgment on CSC under subsection (1) shall notify CSC, in the manner prescribed, immediately the judgment debt is satisfied.\n\nPenalty: Imprisonment for 3 months or 1 penalty unit.\n\n  (9) If the amounts paid in accordance with this section to a judgment creditor in respect of a judgment exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in a court of competent jurisdiction.\n\n#### 62A Payments may be made by Papua New Guinea\n\n  Where the whole or part of any benefit payable to a person under this Act is paid to that person by the Government of Papua New Guinea out of the moneys of that Government, the amount of that benefit that would, but for this section, be payable under this Act by Australia to that person shall be reduced by the amount so paid.\n\n#### 62B Recoverable death payments\n\n  (1) If, apart from this subsection, the Commonwealth does not have power under this Act or the regulations to pay an amount (the relevant amount) in any of the following circumstances:\n    (a) the relevant amount is deposited to an account kept in the name of a deceased person;\n    (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;\n    (c) the relevant amount is paid by way of a cheque made out to a deceased person;\n  the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:\n    (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the chief executive officer (however described) of CSC did not know that the deceased person had died; and\n    (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.\n  (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n  Recovery\n  (3) If a payment is made under subsection (1), the relevant amount:\n    (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and\n    (b) may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n#### 62C Reports about recoverable death payments\n\n  (1) CSC must cause a report of the following information to be published, in such manner as the Board of CSC thinks fit:\n    (a) the number of payments that any employee of CSC was aware of that were made under subsection 62B(1) during the reporting period (see subsection (2) of this section);\n    (b) the total amount of payments referred to in paragraph (a);\n    (c) the number of payments made under subsection 62B(1) that any employee of CSC became aware of during the reporting period that were made during an earlier reporting period;\n    (d) the total amount of payments referred to in paragraph (c);\n    (e) for each payment referred to in paragraph (c)—the reporting period in which the payment was made.\n  (2) The reporting period is:\n    (a) a financial year; or\n    (b) if a shorter recurring period is prescribed under paragraph (5)(a)—that period.\n  (3) A report is not required if no employee of CSC is aware of any payments referred to in paragraph (1)(a) or (c).\n  When report must be provided\n  (4) The report must be provided before the end of the following period:\n    (a) 4 months after the end of the reporting period;\n    (b) if a lesser number of months has been prescribed for the reporting period under paragraph (5)(b)—that number of months after the end of the reporting period.\n  Power to make legislative instruments\n  (5) The Minister may, by legislative instrument, prescribe:\n    (a) a period for the purposes of paragraph (2)(b); or\n    (b) a number of months for a reporting period for the purposes of paragraph (4)(b).\n\n#### 64 Delegations\n\n  (1) The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided by the instrument of delegation, all or any of his powers and functions under this Act (except this power of delegation).\n  (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation and, when so exercised or performed, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.\n  (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.\n\n#### 65 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or to be provided for by regulation, or that are necessary or convenient to be prescribed for giving effect to this Act, and, in particular:\n    (a) for enabling a specified officer of the Public Service of the Commonwealth to delegate his powers and functions under regulations made for the purposes of Part II; and\n    (b) for prescribing penalties not exceeding a fine of 1 penalty unit for offences against the regulations.\n  (2) The power to make regulations conferred by this Act shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that:\n    (a) provision is made by this Act in relation to that matter or another matter; or\n    (b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter.\n  (3) The power to make regulations conferred by this Act may be exercised:\n    (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and\n    (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case.\n  (4) The power conferred by this Act to make modifications by regulation includes the power to omit any matter or add any new matter.\n  (5) The limitation imposed by subsection (1) on the penalties that may be prescribed by regulation does not prevent the regulations from requiring a person to make a statutory declaration.","sortOrder":9},{"sectionNumber":"54","sectionType":"section","heading":"Review of decisions of CSC","content":"#### 54 Review of decisions of CSC\n\n  (2) A person who is affected by a decision of CSC and is dissatisfied with the decision may, by notice in writing given to CSC within a period of 30 days after the date on which the decision first comes to the notice of the person, or within such further period as CSC allows, request CSC to reconsider the decision.\n  (3) There shall be set out in the request the ground on which the request is made.\n  (4) After receiving a request for reconsideration of a decision, CSC must:\n    (a) refer the decision to a Reconsideration Advisory Committee for the Committee to make recommendations to CSC in relation to the decision; or\n    (b) refer the decision to a Reconsideration Advisory Committee for the Committee to reconsider the decision; or\n    (c) reconsider the decision itself.\n  (4A) If CSC reconsiders a decision, it may:\n    (a) confirm the decision; or\n    (b) vary the decision; or\n    (c) set aside the decision and substitute a new decision.\n  (5) CSC shall, by notice in writing sent or delivered to the person who made the request, inform the person of the result of its reconsideration of the decision.","sortOrder":10},{"sectionNumber":"Division 2","sectionType":"division","heading":"Reconsideration Advisory Committees","content":"An Act relating to the Provision by Australia of Staffing Assistance for Papua New Guinea and Preservation of Rights of certain Persons presently employed in Papua New Guinea\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Papua New Guinea (Staffing Assistance) Act 1973.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Board means the Superannuation Board.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> decision has the same meaning as in the Administrative Review Tribunal Act 2024.\n\n> decision of CSC means a decision of CSC, or a delegate of CSC, under this Act or the regulations.\n\n> prescribed date means the date of commencement of this Act.\n\n> Provident Account means the Papua New Guinea Provident Account that was continued in existence by section 36.\n\n> Reconsideration Advisory Committee means a Committee established under section 55.\n\n> Reserve Units of Pension Account means the Reserve Units of Pension Account that was continued in existence by section 37.\n\n> Superannuation Board means the Papua New Guinea Superannuation Board that was continued in existence by section 20.\n\n> Superannuation Fund means the Papua New Guinea Superannuation Fund that was continued in existence by section 34.\n\n  (2) In this Act, unless the contrary intention appears:\n    (b) where an expression is given a particular meaning, other parts of speech and grammatical forms of the same expression have corresponding meanings.\n  (3) In this Act, a reference to Papua New Guinea, in relation to a time after Papua New Guinea becomes an independent sovereign state, is a reference to the Independent State of Papua New Guinea.\n\n## Part III—Compensation on termination of employment\n\n#### 19 Benefits under Part III\n\n  (1) Where a person has made an election under section 13 of this Act as in force before 1 July 1976 or the employment of a person has been terminated under section 14 of this Act as so in force, the person is entitled to the prescribed benefits.\n  (2) Regulations under subsection (1) shall be made with a view to giving effect to such recommendations of the Simpson Report as have been accepted by the Commonwealth and the Government of Papua New Guinea, but nothing in this subsection prevents the regulations from providing for greater benefits than those recommended in that Report.\n  (2A) Regulations under subsection (1) may include provision for deferred benefits in specified circumstances.\n  (3) The regulations may make different provision in relation to elections made, and employment terminated, under different provisions of this Part.\n  (4) In this section, the Simpson Report means the report relating to employment security for overseas officers of the Public Service of Papua New Guinea made by Mr. A. M. Simpson, C.M.G., to the Minister for External Territories and the Chief Minister of Papua New Guinea and dated 23rd October, 1972.\n\n## Part V—Superannuation\n\n#### 38 Regulations relating to superannuation\n\n  (1) The regulations may make provision for and in relation to:\n    (a) contributions to be paid to the Commonwealth by persons (including persons who have ceased to be employed under Part II in specified circumstances) who, immediately before the prescribed date, were required or permitted to contribute to the Papua New Guinea Superannuation Fund or the Papua New Guinea Provident Account under the Superannuation Ordinance;\n    (b) payments to be made by the Commonwealth to and in relation to:\n    (i) persons referred to in paragraph (a); and\n    (ii) persons who, immediately before the prescribed date, were entitled to pension in accordance with the Superannuation Ordinance or in accordance with the Superannuation Ordinance 1917‑1955 of the Territory of Papua or the Superannuation Ordinance 1928‑1955 of the Territory of New Guinea, as the case may be; and\n    (c) matters incidental to or connected with matters referred to in paragraphs (a) and (b).\n\n## Part IX—Miscellaneous\n\n### Division 1—Review of decisions by CSC\n\n#### 54 Review of decisions of CSC\n\n  (2) A person who is affected by a decision of CSC and is dissatisfied with the decision may, by notice in writing given to CSC within a period of 30 days after the date on which the decision first comes to the notice of the person, or within such further period as CSC allows, request CSC to reconsider the decision.\n  (3) There shall be set out in the request the ground on which the request is made.\n  (4) After receiving a request for reconsideration of a decision, CSC must:\n    (a) refer the decision to a Reconsideration Advisory Committee for the Committee to make recommendations to CSC in relation to the decision; or\n    (b) refer the decision to a Reconsideration Advisory Committee for the Committee to reconsider the decision; or\n    (c) reconsider the decision itself.\n  (4A) If CSC reconsiders a decision, it may:\n    (a) confirm the decision; or\n    (b) vary the decision; or\n    (c) set aside the decision and substitute a new decision.\n  (5) CSC shall, by notice in writing sent or delivered to the person who made the request, inform the person of the result of its reconsideration of the decision.\n\n### Division 2—Reconsideration Advisory Committees\n\n#### 55 Establishment of Committee\n\n  CSC may establish such Reconsideration Advisory Committees as CSC considers necessary.\n\n#### 55A Member of Committee\n\n  A Committee comprises such persons as CSC determines.\n\n#### 55B Functions of Committee\n\n  (1) The functions of a Committee are to review any decision referred to it under this Act and:\n    (a) if CSC has delegated its powers to reconsider the decision to the Committee—to confirm, vary, substitute or set aside the decision; or\n    (b) if CSC has delegated to the Committee any of CSC’s powers in relation to the decision (other than the power to reconsider the decision)—to exercise those powers; or\n    (c) in any other case—to make recommendations to CSC in relation to the decision.\n\nNote: Paragraph (c)—see section 55F.\n\n  (2) When reviewing a decision, a Committee:\n    (a) must take into account any evidence relevant to the decision that is submitted to it; and\n    (b) may also take steps to obtain any other evidence that it considers necessary for a proper review of the decision.\n\n#### 55C Proceedings of Committee\n\n  (1) Subject to any directions given by CSC, the Committee may regulate its proceedings as the Committee thinks fit.\n  (2) If a direction is given in writing, the direction is not a legislative instrument.\n\n#### 55D Indemnification of members of a Committee\n\n  Any matter or thing done, or omitted to be done, in good faith by a member of a Committee in the performance of functions under this Act does not subject him or her to any action, liability, claim or demand.\n\n> Note: See also section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n#### 55E Remuneration and allowances\n\n  (1) A member of a Committee is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid such remuneration as is prescribed.\n  (2) A member of a Committee is to be paid such allowances (if any) as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 55F Recommendations by Committee to CSC\n\n  (1) If a Committee makes recommendations to CSC in relation to a decision referred to it, then, after CSC takes into account:\n    (a) the recommendations of the Committee; and\n    (b) any other matter that CSC considers relevant;\n  CSC must make a decision in writing:\n    (c) confirming the decision under review; or\n    (d) varying the decision under review; or\n    (e) setting aside the decision under review and substituting a new decision.\n  (2) CSC’s written decision must include the reasons for its decision.\n  (3) CSC must make a copy of its written decision available to the applicant.\n\n### Division 3—Review of decisions by the Administrative Review Tribunal\n\n#### 55G Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for:\n    (a) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 54(4A)(a) or (b); and\n    (b) review of a decision of CSC that has been confirmed or varied by a Reconsideration Advisory Committee under paragraph 55B(1)(a); and\n    (c) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 55F(1)(c) or (d).\n\n### Division 4—Miscellaneous\n\n#### 55H Minister may request the supply of information relating to superannuation\n\n  CSC must give the Minister such information relating to the general administration and operation of this Act to the extent that it deals with superannuation, as the Minister may from time to time require.\n\n#### 56 Desertion by pensioner of wife or children\n\n  (1) Where a pensioner deserts his wife or leaves her without means of support, the wife may, from time to time, apply to a court of summary jurisdiction and, on proof that the wife has been deserted or left without means of support, the court may order the payment to the wife, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (2) Where a pensioner whose wife is dead or divorced deserts any of his children who are dependent on him, or leaves them without means of support, the guardian of the children, or CSC, may, from time to time, apply to a court of summary jurisdiction and, on proof that any child of the pensioner who is dependent on him has been deserted or left without means of support, the court may order the payment to the guardian of the child, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (3) CSC shall comply with any order made under this section and the amount of the pension payable to the pensioner shall be reduced by the amount payable in pursuance of the order.\n  (4) In this section, pension means a pension payable under this Act.\n\n#### 58 Arrangements for reimbursement of Commonwealth by certain authorities\n\n  Where benefits have been, are or may become payable under Part V to or in relation to a person who was or is required or permitted to contribute to the Superannuation Fund or the Provident Account or to the Commonwealth and, while being so required or permitted, was or is receiving a salary from an authority of Papua New Guinea, the Minister may enter into an arrangement with that authority providing for the reimbursement of the Commonwealth in respect of payments made by the Commonwealth in respect of those benefits.\n\n#### 60 No assignment of benefits\n\n  Subject to section 61, a benefit under Part V is not capable of being assigned or charged or of passing by operation of law, and any moneys paid or payable out of the Superannuation Fund, the Provident Account or the Reserve Units of Pension Account or by the Commonwealth on the death of a person are not liable to be applied or made available in payment of his debts or liabilities.\n\n#### 61 Attachment of benefits\n\n  (1) Where a judgment given by a court for the payment of a sum of money has not been fully satisfied by the judgment debtor and the judgment debtor is entitled to benefit under Part V, the judgment creditor may serve on CSC, in the manner prescribed, a copy of the judgment, certified under the hand of the registrar or other proper officer of the court by which the judgment was given, and a statutory declaration by the judgment creditor stating that the judgment has not been fully satisfied by the judgment debtor and specifying the amount due by the judgment debtor under the judgment.\n  (2) Where a copy of a judgment and a statutory declaration are served on CSC in accordance with subsection (1), CSC shall, as soon as practicable, by notice in writing given to the judgment debtor, inform him of the service of those documents and require him to notify CSC within the period, and in the manner, specified in the notice, whether the amount specified in the declaration is still due under the judgment and, if no amount or a lesser amount is due under the judgment, to furnish to CSC, in the manner specified in the notice, evidence in support of that fact.\n  (3) A person to whom a notice is given under subsection (2) shall comply with the requirements contained in the notice.\n\nPenalty: 1 penalty unit.\n\n  (4) If, at the expiration of the period specified in the notice, CSC is satisfied that an amount is due under the judgment, CSC may, in his discretion, deduct from the benefit, and pay to the judgment creditor, such sums as do not exceed that amount.\n  (5) A deduction shall not be made from:\n    (a) an instalment of pension payable in respect of a child; or\n    (b) an instalment of any other pension if the deduction will reduce the amount of the instalment payable to less than one‑half of the amount that would, but for this section, be payable.\n  (6) If, after a copy of a judgment given against a beneficiary, being a judgment in respect of which CSC is satisfied that an amount is due, has been served in accordance with subsection (1), a copy of another judgment given (whether before or after the first‑mentioned judgment) against the same beneficiary in favour of the person in whose favour the first‑mentioned judgment was given or in favour of another person is served under that subsection, CSC shall not make a payment in accordance with this section to the judgment creditor under the other judgment in respect of the amount due under that judgment until the amount due under the first‑mentioned judgment has been paid.\n  (7) A payment made to a judgment creditor in accordance with this section shall, as between CSC and the beneficiary, be deemed to be a payment under Part V to the beneficiary.\n  (8) A judgment creditor who serves a copy of a judgment on CSC under subsection (1) shall notify CSC, in the manner prescribed, immediately the judgment debt is satisfied.\n\nPenalty: Imprisonment for 3 months or 1 penalty unit.\n\n  (9) If the amounts paid in accordance with this section to a judgment creditor in respect of a judgment exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in a court of competent jurisdiction.\n\n#### 62A Payments may be made by Papua New Guinea\n\n  Where the whole or part of any benefit payable to a person under this Act is paid to that person by the Government of Papua New Guinea out of the moneys of that Government, the amount of that benefit that would, but for this section, be payable under this Act by Australia to that person shall be reduced by the amount so paid.\n\n#### 62B Recoverable death payments\n\n  (1) If, apart from this subsection, the Commonwealth does not have power under this Act or the regulations to pay an amount (the relevant amount) in any of the following circumstances:\n    (a) the relevant amount is deposited to an account kept in the name of a deceased person;\n    (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;\n    (c) the relevant amount is paid by way of a cheque made out to a deceased person;\n  the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:\n    (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the chief executive officer (however described) of CSC did not know that the deceased person had died; and\n    (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.\n  (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n  Recovery\n  (3) If a payment is made under subsection (1), the relevant amount:\n    (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and\n    (b) may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n#### 62C Reports about recoverable death payments\n\n  (1) CSC must cause a report of the following information to be published, in such manner as the Board of CSC thinks fit:\n    (a) the number of payments that any employee of CSC was aware of that were made under subsection 62B(1) during the reporting period (see subsection (2) of this section);\n    (b) the total amount of payments referred to in paragraph (a);\n    (c) the number of payments made under subsection 62B(1) that any employee of CSC became aware of during the reporting period that were made during an earlier reporting period;\n    (d) the total amount of payments referred to in paragraph (c);\n    (e) for each payment referred to in paragraph (c)—the reporting period in which the payment was made.\n  (2) The reporting period is:\n    (a) a financial year; or\n    (b) if a shorter recurring period is prescribed under paragraph (5)(a)—that period.\n  (3) A report is not required if no employee of CSC is aware of any payments referred to in paragraph (1)(a) or (c).\n  When report must be provided\n  (4) The report must be provided before the end of the following period:\n    (a) 4 months after the end of the reporting period;\n    (b) if a lesser number of months has been prescribed for the reporting period under paragraph (5)(b)—that number of months after the end of the reporting period.\n  Power to make legislative instruments\n  (5) The Minister may, by legislative instrument, prescribe:\n    (a) a period for the purposes of paragraph (2)(b); or\n    (b) a number of months for a reporting period for the purposes of paragraph (4)(b).\n\n#### 64 Delegations\n\n  (1) The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided by the instrument of delegation, all or any of his powers and functions under this Act (except this power of delegation).\n  (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation and, when so exercised or performed, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.\n  (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.\n\n#### 65 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or to be provided for by regulation, or that are necessary or convenient to be prescribed for giving effect to this Act, and, in particular:\n    (a) for enabling a specified officer of the Public Service of the Commonwealth to delegate his powers and functions under regulations made for the purposes of Part II; and\n    (b) for prescribing penalties not exceeding a fine of 1 penalty unit for offences against the regulations.\n  (2) The power to make regulations conferred by this Act shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that:\n    (a) provision is made by this Act in relation to that matter or another matter; or\n    (b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter.\n  (3) The power to make regulations conferred by this Act may be exercised:\n    (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and\n    (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case.\n  (4) The power conferred by this Act to make modifications by regulation includes the power to omit any matter or add any new matter.\n  (5) The limitation imposed by subsection (1) on the penalties that may be prescribed by regulation does not prevent the regulations from requiring a person to make a statutory declaration.","sortOrder":11},{"sectionNumber":"55","sectionType":"section","heading":"Establishment of Committee","content":"#### 55 Establishment of Committee\n\n  CSC may establish such Reconsideration Advisory Committees as CSC considers necessary.","sortOrder":12},{"sectionNumber":"55A","sectionType":"section","heading":"Member of Committee","content":"#### 55A Member of Committee\n\n  A Committee comprises such persons as CSC determines.","sortOrder":13},{"sectionNumber":"55B","sectionType":"section","heading":"Functions of Committee","content":"#### 55B Functions of Committee\n\n  (1) The functions of a Committee are to review any decision referred to it under this Act and:\n    (a) if CSC has delegated its powers to reconsider the decision to the Committee—to confirm, vary, substitute or set aside the decision; or\n    (b) if CSC has delegated to the Committee any of CSC’s powers in relation to the decision (other than the power to reconsider the decision)—to exercise those powers; or\n    (c) in any other case—to make recommendations to CSC in relation to the decision.\n\nNote: Paragraph (c)—see section 55F.\n\n  (2) When reviewing a decision, a Committee:\n    (a) must take into account any evidence relevant to the decision that is submitted to it; and\n    (b) may also take steps to obtain any other evidence that it considers necessary for a proper review of the decision.","sortOrder":14},{"sectionNumber":"55C","sectionType":"section","heading":"Proceedings of Committee","content":"#### 55C Proceedings of Committee\n\n  (1) Subject to any directions given by CSC, the Committee may regulate its proceedings as the Committee thinks fit.\n  (2) If a direction is given in writing, the direction is not a legislative instrument.","sortOrder":15},{"sectionNumber":"55D","sectionType":"section","heading":"Indemnification of members of a Committee","content":"#### 55D Indemnification of members of a Committee\n\n  Any matter or thing done, or omitted to be done, in good faith by a member of a Committee in the performance of functions under this Act does not subject him or her to any action, liability, claim or demand.\n\n> Note: See also section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.","sortOrder":16},{"sectionNumber":"55E","sectionType":"section","heading":"Remuneration and allowances","content":"#### 55E Remuneration and allowances\n\n  (1) A member of a Committee is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid such remuneration as is prescribed.\n  (2) A member of a Committee is to be paid such allowances (if any) as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":17},{"sectionNumber":"55F","sectionType":"section","heading":"Recommendations by Committee to CSC","content":"#### 55F Recommendations by Committee to CSC\n\n  (1) If a Committee makes recommendations to CSC in relation to a decision referred to it, then, after CSC takes into account:\n    (a) the recommendations of the Committee; and\n    (b) any other matter that CSC considers relevant;\n  CSC must make a decision in writing:\n    (c) confirming the decision under review; or\n    (d) varying the decision under review; or\n    (e) setting aside the decision under review and substituting a new decision.\n  (2) CSC’s written decision must include the reasons for its decision.\n  (3) CSC must make a copy of its written decision available to the applicant.","sortOrder":18},{"sectionNumber":"Division 3","sectionType":"division","heading":"Review of decisions by the Administrative Review Tribunal","content":"An Act relating to the Provision by Australia of Staffing Assistance for Papua New Guinea and Preservation of Rights of certain Persons presently employed in Papua New Guinea\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Papua New Guinea (Staffing Assistance) Act 1973.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Board means the Superannuation Board.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> decision has the same meaning as in the Administrative Review Tribunal Act 2024.\n\n> decision of CSC means a decision of CSC, or a delegate of CSC, under this Act or the regulations.\n\n> prescribed date means the date of commencement of this Act.\n\n> Provident Account means the Papua New Guinea Provident Account that was continued in existence by section 36.\n\n> Reconsideration Advisory Committee means a Committee established under section 55.\n\n> Reserve Units of Pension Account means the Reserve Units of Pension Account that was continued in existence by section 37.\n\n> Superannuation Board means the Papua New Guinea Superannuation Board that was continued in existence by section 20.\n\n> Superannuation Fund means the Papua New Guinea Superannuation Fund that was continued in existence by section 34.\n\n  (2) In this Act, unless the contrary intention appears:\n    (b) where an expression is given a particular meaning, other parts of speech and grammatical forms of the same expression have corresponding meanings.\n  (3) In this Act, a reference to Papua New Guinea, in relation to a time after Papua New Guinea becomes an independent sovereign state, is a reference to the Independent State of Papua New Guinea.\n\n## Part III—Compensation on termination of employment\n\n#### 19 Benefits under Part III\n\n  (1) Where a person has made an election under section 13 of this Act as in force before 1 July 1976 or the employment of a person has been terminated under section 14 of this Act as so in force, the person is entitled to the prescribed benefits.\n  (2) Regulations under subsection (1) shall be made with a view to giving effect to such recommendations of the Simpson Report as have been accepted by the Commonwealth and the Government of Papua New Guinea, but nothing in this subsection prevents the regulations from providing for greater benefits than those recommended in that Report.\n  (2A) Regulations under subsection (1) may include provision for deferred benefits in specified circumstances.\n  (3) The regulations may make different provision in relation to elections made, and employment terminated, under different provisions of this Part.\n  (4) In this section, the Simpson Report means the report relating to employment security for overseas officers of the Public Service of Papua New Guinea made by Mr. A. M. Simpson, C.M.G., to the Minister for External Territories and the Chief Minister of Papua New Guinea and dated 23rd October, 1972.\n\n## Part V—Superannuation\n\n#### 38 Regulations relating to superannuation\n\n  (1) The regulations may make provision for and in relation to:\n    (a) contributions to be paid to the Commonwealth by persons (including persons who have ceased to be employed under Part II in specified circumstances) who, immediately before the prescribed date, were required or permitted to contribute to the Papua New Guinea Superannuation Fund or the Papua New Guinea Provident Account under the Superannuation Ordinance;\n    (b) payments to be made by the Commonwealth to and in relation to:\n    (i) persons referred to in paragraph (a); and\n    (ii) persons who, immediately before the prescribed date, were entitled to pension in accordance with the Superannuation Ordinance or in accordance with the Superannuation Ordinance 1917‑1955 of the Territory of Papua or the Superannuation Ordinance 1928‑1955 of the Territory of New Guinea, as the case may be; and\n    (c) matters incidental to or connected with matters referred to in paragraphs (a) and (b).\n\n## Part IX—Miscellaneous\n\n### Division 1—Review of decisions by CSC\n\n#### 54 Review of decisions of CSC\n\n  (2) A person who is affected by a decision of CSC and is dissatisfied with the decision may, by notice in writing given to CSC within a period of 30 days after the date on which the decision first comes to the notice of the person, or within such further period as CSC allows, request CSC to reconsider the decision.\n  (3) There shall be set out in the request the ground on which the request is made.\n  (4) After receiving a request for reconsideration of a decision, CSC must:\n    (a) refer the decision to a Reconsideration Advisory Committee for the Committee to make recommendations to CSC in relation to the decision; or\n    (b) refer the decision to a Reconsideration Advisory Committee for the Committee to reconsider the decision; or\n    (c) reconsider the decision itself.\n  (4A) If CSC reconsiders a decision, it may:\n    (a) confirm the decision; or\n    (b) vary the decision; or\n    (c) set aside the decision and substitute a new decision.\n  (5) CSC shall, by notice in writing sent or delivered to the person who made the request, inform the person of the result of its reconsideration of the decision.\n\n### Division 2—Reconsideration Advisory Committees\n\n#### 55 Establishment of Committee\n\n  CSC may establish such Reconsideration Advisory Committees as CSC considers necessary.\n\n#### 55A Member of Committee\n\n  A Committee comprises such persons as CSC determines.\n\n#### 55B Functions of Committee\n\n  (1) The functions of a Committee are to review any decision referred to it under this Act and:\n    (a) if CSC has delegated its powers to reconsider the decision to the Committee—to confirm, vary, substitute or set aside the decision; or\n    (b) if CSC has delegated to the Committee any of CSC’s powers in relation to the decision (other than the power to reconsider the decision)—to exercise those powers; or\n    (c) in any other case—to make recommendations to CSC in relation to the decision.\n\nNote: Paragraph (c)—see section 55F.\n\n  (2) When reviewing a decision, a Committee:\n    (a) must take into account any evidence relevant to the decision that is submitted to it; and\n    (b) may also take steps to obtain any other evidence that it considers necessary for a proper review of the decision.\n\n#### 55C Proceedings of Committee\n\n  (1) Subject to any directions given by CSC, the Committee may regulate its proceedings as the Committee thinks fit.\n  (2) If a direction is given in writing, the direction is not a legislative instrument.\n\n#### 55D Indemnification of members of a Committee\n\n  Any matter or thing done, or omitted to be done, in good faith by a member of a Committee in the performance of functions under this Act does not subject him or her to any action, liability, claim or demand.\n\n> Note: See also section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n#### 55E Remuneration and allowances\n\n  (1) A member of a Committee is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid such remuneration as is prescribed.\n  (2) A member of a Committee is to be paid such allowances (if any) as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 55F Recommendations by Committee to CSC\n\n  (1) If a Committee makes recommendations to CSC in relation to a decision referred to it, then, after CSC takes into account:\n    (a) the recommendations of the Committee; and\n    (b) any other matter that CSC considers relevant;\n  CSC must make a decision in writing:\n    (c) confirming the decision under review; or\n    (d) varying the decision under review; or\n    (e) setting aside the decision under review and substituting a new decision.\n  (2) CSC’s written decision must include the reasons for its decision.\n  (3) CSC must make a copy of its written decision available to the applicant.\n\n### Division 3—Review of decisions by the Administrative Review Tribunal\n\n#### 55G Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for:\n    (a) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 54(4A)(a) or (b); and\n    (b) review of a decision of CSC that has been confirmed or varied by a Reconsideration Advisory Committee under paragraph 55B(1)(a); and\n    (c) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 55F(1)(c) or (d).\n\n### Division 4—Miscellaneous\n\n#### 55H Minister may request the supply of information relating to superannuation\n\n  CSC must give the Minister such information relating to the general administration and operation of this Act to the extent that it deals with superannuation, as the Minister may from time to time require.\n\n#### 56 Desertion by pensioner of wife or children\n\n  (1) Where a pensioner deserts his wife or leaves her without means of support, the wife may, from time to time, apply to a court of summary jurisdiction and, on proof that the wife has been deserted or left without means of support, the court may order the payment to the wife, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (2) Where a pensioner whose wife is dead or divorced deserts any of his children who are dependent on him, or leaves them without means of support, the guardian of the children, or CSC, may, from time to time, apply to a court of summary jurisdiction and, on proof that any child of the pensioner who is dependent on him has been deserted or left without means of support, the court may order the payment to the guardian of the child, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (3) CSC shall comply with any order made under this section and the amount of the pension payable to the pensioner shall be reduced by the amount payable in pursuance of the order.\n  (4) In this section, pension means a pension payable under this Act.\n\n#### 58 Arrangements for reimbursement of Commonwealth by certain authorities\n\n  Where benefits have been, are or may become payable under Part V to or in relation to a person who was or is required or permitted to contribute to the Superannuation Fund or the Provident Account or to the Commonwealth and, while being so required or permitted, was or is receiving a salary from an authority of Papua New Guinea, the Minister may enter into an arrangement with that authority providing for the reimbursement of the Commonwealth in respect of payments made by the Commonwealth in respect of those benefits.\n\n#### 60 No assignment of benefits\n\n  Subject to section 61, a benefit under Part V is not capable of being assigned or charged or of passing by operation of law, and any moneys paid or payable out of the Superannuation Fund, the Provident Account or the Reserve Units of Pension Account or by the Commonwealth on the death of a person are not liable to be applied or made available in payment of his debts or liabilities.\n\n#### 61 Attachment of benefits\n\n  (1) Where a judgment given by a court for the payment of a sum of money has not been fully satisfied by the judgment debtor and the judgment debtor is entitled to benefit under Part V, the judgment creditor may serve on CSC, in the manner prescribed, a copy of the judgment, certified under the hand of the registrar or other proper officer of the court by which the judgment was given, and a statutory declaration by the judgment creditor stating that the judgment has not been fully satisfied by the judgment debtor and specifying the amount due by the judgment debtor under the judgment.\n  (2) Where a copy of a judgment and a statutory declaration are served on CSC in accordance with subsection (1), CSC shall, as soon as practicable, by notice in writing given to the judgment debtor, inform him of the service of those documents and require him to notify CSC within the period, and in the manner, specified in the notice, whether the amount specified in the declaration is still due under the judgment and, if no amount or a lesser amount is due under the judgment, to furnish to CSC, in the manner specified in the notice, evidence in support of that fact.\n  (3) A person to whom a notice is given under subsection (2) shall comply with the requirements contained in the notice.\n\nPenalty: 1 penalty unit.\n\n  (4) If, at the expiration of the period specified in the notice, CSC is satisfied that an amount is due under the judgment, CSC may, in his discretion, deduct from the benefit, and pay to the judgment creditor, such sums as do not exceed that amount.\n  (5) A deduction shall not be made from:\n    (a) an instalment of pension payable in respect of a child; or\n    (b) an instalment of any other pension if the deduction will reduce the amount of the instalment payable to less than one‑half of the amount that would, but for this section, be payable.\n  (6) If, after a copy of a judgment given against a beneficiary, being a judgment in respect of which CSC is satisfied that an amount is due, has been served in accordance with subsection (1), a copy of another judgment given (whether before or after the first‑mentioned judgment) against the same beneficiary in favour of the person in whose favour the first‑mentioned judgment was given or in favour of another person is served under that subsection, CSC shall not make a payment in accordance with this section to the judgment creditor under the other judgment in respect of the amount due under that judgment until the amount due under the first‑mentioned judgment has been paid.\n  (7) A payment made to a judgment creditor in accordance with this section shall, as between CSC and the beneficiary, be deemed to be a payment under Part V to the beneficiary.\n  (8) A judgment creditor who serves a copy of a judgment on CSC under subsection (1) shall notify CSC, in the manner prescribed, immediately the judgment debt is satisfied.\n\nPenalty: Imprisonment for 3 months or 1 penalty unit.\n\n  (9) If the amounts paid in accordance with this section to a judgment creditor in respect of a judgment exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in a court of competent jurisdiction.\n\n#### 62A Payments may be made by Papua New Guinea\n\n  Where the whole or part of any benefit payable to a person under this Act is paid to that person by the Government of Papua New Guinea out of the moneys of that Government, the amount of that benefit that would, but for this section, be payable under this Act by Australia to that person shall be reduced by the amount so paid.\n\n#### 62B Recoverable death payments\n\n  (1) If, apart from this subsection, the Commonwealth does not have power under this Act or the regulations to pay an amount (the relevant amount) in any of the following circumstances:\n    (a) the relevant amount is deposited to an account kept in the name of a deceased person;\n    (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;\n    (c) the relevant amount is paid by way of a cheque made out to a deceased person;\n  the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:\n    (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the chief executive officer (however described) of CSC did not know that the deceased person had died; and\n    (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.\n  (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n  Recovery\n  (3) If a payment is made under subsection (1), the relevant amount:\n    (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and\n    (b) may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n#### 62C Reports about recoverable death payments\n\n  (1) CSC must cause a report of the following information to be published, in such manner as the Board of CSC thinks fit:\n    (a) the number of payments that any employee of CSC was aware of that were made under subsection 62B(1) during the reporting period (see subsection (2) of this section);\n    (b) the total amount of payments referred to in paragraph (a);\n    (c) the number of payments made under subsection 62B(1) that any employee of CSC became aware of during the reporting period that were made during an earlier reporting period;\n    (d) the total amount of payments referred to in paragraph (c);\n    (e) for each payment referred to in paragraph (c)—the reporting period in which the payment was made.\n  (2) The reporting period is:\n    (a) a financial year; or\n    (b) if a shorter recurring period is prescribed under paragraph (5)(a)—that period.\n  (3) A report is not required if no employee of CSC is aware of any payments referred to in paragraph (1)(a) or (c).\n  When report must be provided\n  (4) The report must be provided before the end of the following period:\n    (a) 4 months after the end of the reporting period;\n    (b) if a lesser number of months has been prescribed for the reporting period under paragraph (5)(b)—that number of months after the end of the reporting period.\n  Power to make legislative instruments\n  (5) The Minister may, by legislative instrument, prescribe:\n    (a) a period for the purposes of paragraph (2)(b); or\n    (b) a number of months for a reporting period for the purposes of paragraph (4)(b).\n\n#### 64 Delegations\n\n  (1) The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided by the instrument of delegation, all or any of his powers and functions under this Act (except this power of delegation).\n  (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation and, when so exercised or performed, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.\n  (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.\n\n#### 65 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or to be provided for by regulation, or that are necessary or convenient to be prescribed for giving effect to this Act, and, in particular:\n    (a) for enabling a specified officer of the Public Service of the Commonwealth to delegate his powers and functions under regulations made for the purposes of Part II; and\n    (b) for prescribing penalties not exceeding a fine of 1 penalty unit for offences against the regulations.\n  (2) The power to make regulations conferred by this Act shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that:\n    (a) provision is made by this Act in relation to that matter or another matter; or\n    (b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter.\n  (3) The power to make regulations conferred by this Act may be exercised:\n    (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and\n    (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case.\n  (4) The power conferred by this Act to make modifications by regulation includes the power to omit any matter or add any new matter.\n  (5) The limitation imposed by subsection (1) on the penalties that may be prescribed by regulation does not prevent the regulations from requiring a person to make a statutory declaration.","sortOrder":19},{"sectionNumber":"55G","sectionType":"section","heading":"Review by the Administrative Review Tribunal","content":"#### 55G Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for:\n    (a) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 54(4A)(a) or (b); and\n    (b) review of a decision of CSC that has been confirmed or varied by a Reconsideration Advisory Committee under paragraph 55B(1)(a); and\n    (c) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 55F(1)(c) or (d).","sortOrder":20},{"sectionNumber":"Division 4","sectionType":"division","heading":"Miscellaneous","content":"An Act relating to the Provision by Australia of Staffing Assistance for Papua New Guinea and Preservation of Rights of certain Persons presently employed in Papua New Guinea\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Papua New Guinea (Staffing Assistance) Act 1973.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Board means the Superannuation Board.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> decision has the same meaning as in the Administrative Review Tribunal Act 2024.\n\n> decision of CSC means a decision of CSC, or a delegate of CSC, under this Act or the regulations.\n\n> prescribed date means the date of commencement of this Act.\n\n> Provident Account means the Papua New Guinea Provident Account that was continued in existence by section 36.\n\n> Reconsideration Advisory Committee means a Committee established under section 55.\n\n> Reserve Units of Pension Account means the Reserve Units of Pension Account that was continued in existence by section 37.\n\n> Superannuation Board means the Papua New Guinea Superannuation Board that was continued in existence by section 20.\n\n> Superannuation Fund means the Papua New Guinea Superannuation Fund that was continued in existence by section 34.\n\n  (2) In this Act, unless the contrary intention appears:\n    (b) where an expression is given a particular meaning, other parts of speech and grammatical forms of the same expression have corresponding meanings.\n  (3) In this Act, a reference to Papua New Guinea, in relation to a time after Papua New Guinea becomes an independent sovereign state, is a reference to the Independent State of Papua New Guinea.\n\n## Part III—Compensation on termination of employment\n\n#### 19 Benefits under Part III\n\n  (1) Where a person has made an election under section 13 of this Act as in force before 1 July 1976 or the employment of a person has been terminated under section 14 of this Act as so in force, the person is entitled to the prescribed benefits.\n  (2) Regulations under subsection (1) shall be made with a view to giving effect to such recommendations of the Simpson Report as have been accepted by the Commonwealth and the Government of Papua New Guinea, but nothing in this subsection prevents the regulations from providing for greater benefits than those recommended in that Report.\n  (2A) Regulations under subsection (1) may include provision for deferred benefits in specified circumstances.\n  (3) The regulations may make different provision in relation to elections made, and employment terminated, under different provisions of this Part.\n  (4) In this section, the Simpson Report means the report relating to employment security for overseas officers of the Public Service of Papua New Guinea made by Mr. A. M. Simpson, C.M.G., to the Minister for External Territories and the Chief Minister of Papua New Guinea and dated 23rd October, 1972.\n\n## Part V—Superannuation\n\n#### 38 Regulations relating to superannuation\n\n  (1) The regulations may make provision for and in relation to:\n    (a) contributions to be paid to the Commonwealth by persons (including persons who have ceased to be employed under Part II in specified circumstances) who, immediately before the prescribed date, were required or permitted to contribute to the Papua New Guinea Superannuation Fund or the Papua New Guinea Provident Account under the Superannuation Ordinance;\n    (b) payments to be made by the Commonwealth to and in relation to:\n    (i) persons referred to in paragraph (a); and\n    (ii) persons who, immediately before the prescribed date, were entitled to pension in accordance with the Superannuation Ordinance or in accordance with the Superannuation Ordinance 1917‑1955 of the Territory of Papua or the Superannuation Ordinance 1928‑1955 of the Territory of New Guinea, as the case may be; and\n    (c) matters incidental to or connected with matters referred to in paragraphs (a) and (b).\n\n## Part IX—Miscellaneous\n\n### Division 1—Review of decisions by CSC\n\n#### 54 Review of decisions of CSC\n\n  (2) A person who is affected by a decision of CSC and is dissatisfied with the decision may, by notice in writing given to CSC within a period of 30 days after the date on which the decision first comes to the notice of the person, or within such further period as CSC allows, request CSC to reconsider the decision.\n  (3) There shall be set out in the request the ground on which the request is made.\n  (4) After receiving a request for reconsideration of a decision, CSC must:\n    (a) refer the decision to a Reconsideration Advisory Committee for the Committee to make recommendations to CSC in relation to the decision; or\n    (b) refer the decision to a Reconsideration Advisory Committee for the Committee to reconsider the decision; or\n    (c) reconsider the decision itself.\n  (4A) If CSC reconsiders a decision, it may:\n    (a) confirm the decision; or\n    (b) vary the decision; or\n    (c) set aside the decision and substitute a new decision.\n  (5) CSC shall, by notice in writing sent or delivered to the person who made the request, inform the person of the result of its reconsideration of the decision.\n\n### Division 2—Reconsideration Advisory Committees\n\n#### 55 Establishment of Committee\n\n  CSC may establish such Reconsideration Advisory Committees as CSC considers necessary.\n\n#### 55A Member of Committee\n\n  A Committee comprises such persons as CSC determines.\n\n#### 55B Functions of Committee\n\n  (1) The functions of a Committee are to review any decision referred to it under this Act and:\n    (a) if CSC has delegated its powers to reconsider the decision to the Committee—to confirm, vary, substitute or set aside the decision; or\n    (b) if CSC has delegated to the Committee any of CSC’s powers in relation to the decision (other than the power to reconsider the decision)—to exercise those powers; or\n    (c) in any other case—to make recommendations to CSC in relation to the decision.\n\nNote: Paragraph (c)—see section 55F.\n\n  (2) When reviewing a decision, a Committee:\n    (a) must take into account any evidence relevant to the decision that is submitted to it; and\n    (b) may also take steps to obtain any other evidence that it considers necessary for a proper review of the decision.\n\n#### 55C Proceedings of Committee\n\n  (1) Subject to any directions given by CSC, the Committee may regulate its proceedings as the Committee thinks fit.\n  (2) If a direction is given in writing, the direction is not a legislative instrument.\n\n#### 55D Indemnification of members of a Committee\n\n  Any matter or thing done, or omitted to be done, in good faith by a member of a Committee in the performance of functions under this Act does not subject him or her to any action, liability, claim or demand.\n\n> Note: See also section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.\n\n#### 55E Remuneration and allowances\n\n  (1) A member of a Committee is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid such remuneration as is prescribed.\n  (2) A member of a Committee is to be paid such allowances (if any) as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 55F Recommendations by Committee to CSC\n\n  (1) If a Committee makes recommendations to CSC in relation to a decision referred to it, then, after CSC takes into account:\n    (a) the recommendations of the Committee; and\n    (b) any other matter that CSC considers relevant;\n  CSC must make a decision in writing:\n    (c) confirming the decision under review; or\n    (d) varying the decision under review; or\n    (e) setting aside the decision under review and substituting a new decision.\n  (2) CSC’s written decision must include the reasons for its decision.\n  (3) CSC must make a copy of its written decision available to the applicant.\n\n### Division 3—Review of decisions by the Administrative Review Tribunal\n\n#### 55G Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for:\n    (a) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 54(4A)(a) or (b); and\n    (b) review of a decision of CSC that has been confirmed or varied by a Reconsideration Advisory Committee under paragraph 55B(1)(a); and\n    (c) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 55F(1)(c) or (d).\n\n### Division 4—Miscellaneous\n\n#### 55H Minister may request the supply of information relating to superannuation\n\n  CSC must give the Minister such information relating to the general administration and operation of this Act to the extent that it deals with superannuation, as the Minister may from time to time require.\n\n#### 56 Desertion by pensioner of wife or children\n\n  (1) Where a pensioner deserts his wife or leaves her without means of support, the wife may, from time to time, apply to a court of summary jurisdiction and, on proof that the wife has been deserted or left without means of support, the court may order the payment to the wife, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (2) Where a pensioner whose wife is dead or divorced deserts any of his children who are dependent on him, or leaves them without means of support, the guardian of the children, or CSC, may, from time to time, apply to a court of summary jurisdiction and, on proof that any child of the pensioner who is dependent on him has been deserted or left without means of support, the court may order the payment to the guardian of the child, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (3) CSC shall comply with any order made under this section and the amount of the pension payable to the pensioner shall be reduced by the amount payable in pursuance of the order.\n  (4) In this section, pension means a pension payable under this Act.\n\n#### 58 Arrangements for reimbursement of Commonwealth by certain authorities\n\n  Where benefits have been, are or may become payable under Part V to or in relation to a person who was or is required or permitted to contribute to the Superannuation Fund or the Provident Account or to the Commonwealth and, while being so required or permitted, was or is receiving a salary from an authority of Papua New Guinea, the Minister may enter into an arrangement with that authority providing for the reimbursement of the Commonwealth in respect of payments made by the Commonwealth in respect of those benefits.\n\n#### 60 No assignment of benefits\n\n  Subject to section 61, a benefit under Part V is not capable of being assigned or charged or of passing by operation of law, and any moneys paid or payable out of the Superannuation Fund, the Provident Account or the Reserve Units of Pension Account or by the Commonwealth on the death of a person are not liable to be applied or made available in payment of his debts or liabilities.\n\n#### 61 Attachment of benefits\n\n  (1) Where a judgment given by a court for the payment of a sum of money has not been fully satisfied by the judgment debtor and the judgment debtor is entitled to benefit under Part V, the judgment creditor may serve on CSC, in the manner prescribed, a copy of the judgment, certified under the hand of the registrar or other proper officer of the court by which the judgment was given, and a statutory declaration by the judgment creditor stating that the judgment has not been fully satisfied by the judgment debtor and specifying the amount due by the judgment debtor under the judgment.\n  (2) Where a copy of a judgment and a statutory declaration are served on CSC in accordance with subsection (1), CSC shall, as soon as practicable, by notice in writing given to the judgment debtor, inform him of the service of those documents and require him to notify CSC within the period, and in the manner, specified in the notice, whether the amount specified in the declaration is still due under the judgment and, if no amount or a lesser amount is due under the judgment, to furnish to CSC, in the manner specified in the notice, evidence in support of that fact.\n  (3) A person to whom a notice is given under subsection (2) shall comply with the requirements contained in the notice.\n\nPenalty: 1 penalty unit.\n\n  (4) If, at the expiration of the period specified in the notice, CSC is satisfied that an amount is due under the judgment, CSC may, in his discretion, deduct from the benefit, and pay to the judgment creditor, such sums as do not exceed that amount.\n  (5) A deduction shall not be made from:\n    (a) an instalment of pension payable in respect of a child; or\n    (b) an instalment of any other pension if the deduction will reduce the amount of the instalment payable to less than one‑half of the amount that would, but for this section, be payable.\n  (6) If, after a copy of a judgment given against a beneficiary, being a judgment in respect of which CSC is satisfied that an amount is due, has been served in accordance with subsection (1), a copy of another judgment given (whether before or after the first‑mentioned judgment) against the same beneficiary in favour of the person in whose favour the first‑mentioned judgment was given or in favour of another person is served under that subsection, CSC shall not make a payment in accordance with this section to the judgment creditor under the other judgment in respect of the amount due under that judgment until the amount due under the first‑mentioned judgment has been paid.\n  (7) A payment made to a judgment creditor in accordance with this section shall, as between CSC and the beneficiary, be deemed to be a payment under Part V to the beneficiary.\n  (8) A judgment creditor who serves a copy of a judgment on CSC under subsection (1) shall notify CSC, in the manner prescribed, immediately the judgment debt is satisfied.\n\nPenalty: Imprisonment for 3 months or 1 penalty unit.\n\n  (9) If the amounts paid in accordance with this section to a judgment creditor in respect of a judgment exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in a court of competent jurisdiction.\n\n#### 62A Payments may be made by Papua New Guinea\n\n  Where the whole or part of any benefit payable to a person under this Act is paid to that person by the Government of Papua New Guinea out of the moneys of that Government, the amount of that benefit that would, but for this section, be payable under this Act by Australia to that person shall be reduced by the amount so paid.\n\n#### 62B Recoverable death payments\n\n  (1) If, apart from this subsection, the Commonwealth does not have power under this Act or the regulations to pay an amount (the relevant amount) in any of the following circumstances:\n    (a) the relevant amount is deposited to an account kept in the name of a deceased person;\n    (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;\n    (c) the relevant amount is paid by way of a cheque made out to a deceased person;\n  the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:\n    (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the chief executive officer (however described) of CSC did not know that the deceased person had died; and\n    (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.\n  (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n  Recovery\n  (3) If a payment is made under subsection (1), the relevant amount:\n    (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and\n    (b) may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n#### 62C Reports about recoverable death payments\n\n  (1) CSC must cause a report of the following information to be published, in such manner as the Board of CSC thinks fit:\n    (a) the number of payments that any employee of CSC was aware of that were made under subsection 62B(1) during the reporting period (see subsection (2) of this section);\n    (b) the total amount of payments referred to in paragraph (a);\n    (c) the number of payments made under subsection 62B(1) that any employee of CSC became aware of during the reporting period that were made during an earlier reporting period;\n    (d) the total amount of payments referred to in paragraph (c);\n    (e) for each payment referred to in paragraph (c)—the reporting period in which the payment was made.\n  (2) The reporting period is:\n    (a) a financial year; or\n    (b) if a shorter recurring period is prescribed under paragraph (5)(a)—that period.\n  (3) A report is not required if no employee of CSC is aware of any payments referred to in paragraph (1)(a) or (c).\n  When report must be provided\n  (4) The report must be provided before the end of the following period:\n    (a) 4 months after the end of the reporting period;\n    (b) if a lesser number of months has been prescribed for the reporting period under paragraph (5)(b)—that number of months after the end of the reporting period.\n  Power to make legislative instruments\n  (5) The Minister may, by legislative instrument, prescribe:\n    (a) a period for the purposes of paragraph (2)(b); or\n    (b) a number of months for a reporting period for the purposes of paragraph (4)(b).\n\n#### 64 Delegations\n\n  (1) The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided by the instrument of delegation, all or any of his powers and functions under this Act (except this power of delegation).\n  (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation and, when so exercised or performed, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.\n  (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.\n\n#### 65 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or to be provided for by regulation, or that are necessary or convenient to be prescribed for giving effect to this Act, and, in particular:\n    (a) for enabling a specified officer of the Public Service of the Commonwealth to delegate his powers and functions under regulations made for the purposes of Part II; and\n    (b) for prescribing penalties not exceeding a fine of 1 penalty unit for offences against the regulations.\n  (2) The power to make regulations conferred by this Act shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that:\n    (a) provision is made by this Act in relation to that matter or another matter; or\n    (b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter.\n  (3) The power to make regulations conferred by this Act may be exercised:\n    (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and\n    (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case.\n  (4) The power conferred by this Act to make modifications by regulation includes the power to omit any matter or add any new matter.\n  (5) The limitation imposed by subsection (1) on the penalties that may be prescribed by regulation does not prevent the regulations from requiring a person to make a statutory declaration.","sortOrder":21},{"sectionNumber":"55H","sectionType":"section","heading":"Minister may request the supply of information relating to superannuation","content":"#### 55H Minister may request the supply of information relating to superannuation\n\n  CSC must give the Minister such information relating to the general administration and operation of this Act to the extent that it deals with superannuation, as the Minister may from time to time require.","sortOrder":22},{"sectionNumber":"56","sectionType":"section","heading":"Desertion by pensioner of wife or children","content":"#### 56 Desertion by pensioner of wife or children\n\n  (1) Where a pensioner deserts his wife or leaves her without means of support, the wife may, from time to time, apply to a court of summary jurisdiction and, on proof that the wife has been deserted or left without means of support, the court may order the payment to the wife, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (2) Where a pensioner whose wife is dead or divorced deserts any of his children who are dependent on him, or leaves them without means of support, the guardian of the children, or CSC, may, from time to time, apply to a court of summary jurisdiction and, on proof that any child of the pensioner who is dependent on him has been deserted or left without means of support, the court may order the payment to the guardian of the child, during such period as it thinks fit, of the whole or part of the pension which otherwise would be payable to the pensioner.\n  (3) CSC shall comply with any order made under this section and the amount of the pension payable to the pensioner shall be reduced by the amount payable in pursuance of the order.\n  (4) In this section, pension means a pension payable under this Act.","sortOrder":23},{"sectionNumber":"58","sectionType":"section","heading":"Arrangements for reimbursement of Commonwealth by certain authorities","content":"#### 58 Arrangements for reimbursement of Commonwealth by certain authorities\n\n  Where benefits have been, are or may become payable under Part V to or in relation to a person who was or is required or permitted to contribute to the Superannuation Fund or the Provident Account or to the Commonwealth and, while being so required or permitted, was or is receiving a salary from an authority of Papua New Guinea, the Minister may enter into an arrangement with that authority providing for the reimbursement of the Commonwealth in respect of payments made by the Commonwealth in respect of those benefits.","sortOrder":24},{"sectionNumber":"60","sectionType":"section","heading":"No assignment of benefits","content":"#### 60 No assignment of benefits\n\n  Subject to section 61, a benefit under Part V is not capable of being assigned or charged or of passing by operation of law, and any moneys paid or payable out of the Superannuation Fund, the Provident Account or the Reserve Units of Pension Account or by the Commonwealth on the death of a person are not liable to be applied or made available in payment of his debts or liabilities.","sortOrder":25},{"sectionNumber":"61","sectionType":"section","heading":"Attachment of benefits","content":"#### 61 Attachment of benefits\n\n  (1) Where a judgment given by a court for the payment of a sum of money has not been fully satisfied by the judgment debtor and the judgment debtor is entitled to benefit under Part V, the judgment creditor may serve on CSC, in the manner prescribed, a copy of the judgment, certified under the hand of the registrar or other proper officer of the court by which the judgment was given, and a statutory declaration by the judgment creditor stating that the judgment has not been fully satisfied by the judgment debtor and specifying the amount due by the judgment debtor under the judgment.\n  (2) Where a copy of a judgment and a statutory declaration are served on CSC in accordance with subsection (1), CSC shall, as soon as practicable, by notice in writing given to the judgment debtor, inform him of the service of those documents and require him to notify CSC within the period, and in the manner, specified in the notice, whether the amount specified in the declaration is still due under the judgment and, if no amount or a lesser amount is due under the judgment, to furnish to CSC, in the manner specified in the notice, evidence in support of that fact.\n  (3) A person to whom a notice is given under subsection (2) shall comply with the requirements contained in the notice.\n\nPenalty: 1 penalty unit.\n\n  (4) If, at the expiration of the period specified in the notice, CSC is satisfied that an amount is due under the judgment, CSC may, in his discretion, deduct from the benefit, and pay to the judgment creditor, such sums as do not exceed that amount.\n  (5) A deduction shall not be made from:\n    (a) an instalment of pension payable in respect of a child; or\n    (b) an instalment of any other pension if the deduction will reduce the amount of the instalment payable to less than one‑half of the amount that would, but for this section, be payable.\n  (6) If, after a copy of a judgment given against a beneficiary, being a judgment in respect of which CSC is satisfied that an amount is due, has been served in accordance with subsection (1), a copy of another judgment given (whether before or after the first‑mentioned judgment) against the same beneficiary in favour of the person in whose favour the first‑mentioned judgment was given or in favour of another person is served under that subsection, CSC shall not make a payment in accordance with this section to the judgment creditor under the other judgment in respect of the amount due under that judgment until the amount due under the first‑mentioned judgment has been paid.\n  (7) A payment made to a judgment creditor in accordance with this section shall, as between CSC and the beneficiary, be deemed to be a payment under Part V to the beneficiary.\n  (8) A judgment creditor who serves a copy of a judgment on CSC under subsection (1) shall notify CSC, in the manner prescribed, immediately the judgment debt is satisfied.\n\nPenalty: Imprisonment for 3 months or 1 penalty unit.\n\n  (9) If the amounts paid in accordance with this section to a judgment creditor in respect of a judgment exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in a court of competent jurisdiction.","sortOrder":26},{"sectionNumber":"62A","sectionType":"section","heading":"Payments may be made by Papua New Guinea","content":"#### 62A Payments may be made by Papua New Guinea\n\n  Where the whole or part of any benefit payable to a person under this Act is paid to that person by the Government of Papua New Guinea out of the moneys of that Government, the amount of that benefit that would, but for this section, be payable under this Act by Australia to that person shall be reduced by the amount so paid.","sortOrder":27},{"sectionNumber":"62B","sectionType":"section","heading":"Recoverable death payments","content":"#### 62B Recoverable death payments\n\n  (1) If, apart from this subsection, the Commonwealth does not have power under this Act or the regulations to pay an amount (the relevant amount) in any of the following circumstances:\n    (a) the relevant amount is deposited to an account kept in the name of a deceased person;\n    (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;\n    (c) the relevant amount is paid by way of a cheque made out to a deceased person;\n  the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:\n    (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the chief executive officer (however described) of CSC did not know that the deceased person had died; and\n    (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.\n  (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n  Recovery\n  (3) If a payment is made under subsection (1), the relevant amount:\n    (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and\n    (b) may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.","sortOrder":28},{"sectionNumber":"62C","sectionType":"section","heading":"Reports about recoverable death payments","content":"#### 62C Reports about recoverable death payments\n\n  (1) CSC must cause a report of the following information to be published, in such manner as the Board of CSC thinks fit:\n    (a) the number of payments that any employee of CSC was aware of that were made under subsection 62B(1) during the reporting period (see subsection (2) of this section);\n    (b) the total amount of payments referred to in paragraph (a);\n    (c) the number of payments made under subsection 62B(1) that any employee of CSC became aware of during the reporting period that were made during an earlier reporting period;\n    (d) the total amount of payments referred to in paragraph (c);\n    (e) for each payment referred to in paragraph (c)—the reporting period in which the payment was made.\n  (2) The reporting period is:\n    (a) a financial year; or\n    (b) if a shorter recurring period is prescribed under paragraph (5)(a)—that period.\n  (3) A report is not required if no employee of CSC is aware of any payments referred to in paragraph (1)(a) or (c).\n  When report must be provided\n  (4) The report must be provided before the end of the following period:\n    (a) 4 months after the end of the reporting period;\n    (b) if a lesser number of months has been prescribed for the reporting period under paragraph (5)(b)—that number of months after the end of the reporting period.\n  Power to make legislative instruments\n  (5) The Minister may, by legislative instrument, prescribe:\n    (a) a period for the purposes of paragraph (2)(b); or\n    (b) a number of months for a reporting period for the purposes of paragraph (4)(b).","sortOrder":29},{"sectionNumber":"64","sectionType":"section","heading":"Delegations","content":"#### 64 Delegations\n\n  (1) The Minister may, by instrument in writing, delegate to a person, either generally or otherwise as provided by the instrument of delegation, all or any of his powers and functions under this Act (except this power of delegation).\n  (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation and, when so exercised or performed, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.\n  (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.","sortOrder":30},{"sectionNumber":"65","sectionType":"section","heading":"Regulations","content":"#### 65 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or to be provided for by regulation, or that are necessary or convenient to be prescribed for giving effect to this Act, and, in particular:\n    (a) for enabling a specified officer of the Public Service of the Commonwealth to delegate his powers and functions under regulations made for the purposes of Part II; and\n    (b) for prescribing penalties not exceeding a fine of 1 penalty unit for offences against the regulations.\n  (2) The power to make regulations conferred by this Act shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that:\n    (a) provision is made by this Act in relation to that matter or another matter; or\n    (b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter.\n  (3) The power to make regulations conferred by this Act may be exercised:\n    (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and\n    (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case.\n  (4) The power conferred by this Act to make modifications by regulation includes the power to omit any matter or add any new matter.\n  (5) The limitation imposed by subsection (1) on the penalties that may be prescribed by regulation does not prevent the regulations from requiring a person to make a statutory declaration.","sortOrder":31}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":762},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1973 purpose of staffing assistance during the transition to PNG independence. It has grown into a complex ongoing administrative scheme for superannuation benefits, incorporating modern administrative law review mechanisms (Administrative Review Tribunal), contemporary corporate governance structures (CSC under the 2011 Governance Act), and detailed procedural rules for debt recovery and death payments that go well beyond the original transitional staffing assistance mandate."},"complexity_factors":["Multiple nested review pathways (internal reconsideration, advisory committee, Administrative Review Tribunal) with conditional triggers","Cross-references to external legislation including the Administrative Review Tribunal Act 2024 and Governance of Australian Government Superannuation Schemes Act 2011","Historical layering: references to repealed provisions (sections 13 and 14 as in force before 1 July 1976), superseded ordinances (Superannuation Ordinance 1917-1955, 1928-1955), and the Simpson Report","Multiple superannuation entities with interlocking definitions (Superannuation Fund, Provident Account, Reserve Units of Pension Account, Superannuation Board)","Conditional logic in section 61 with 9 subsections including exceptions to exceptions (e.g., attachment prohibited for child pensions, limited to half for other pensions)","Delegated legislative power with broad regulation-making authority subject to multiple constraints","Temporal references creating ongoing applicability issues (pre-1976 elections, pre-independence employment, post-independence state references)"],"plain_english_summary":"This Act deals with **superannuation (retirement savings) and employment benefits** for people who worked for the Australian government in **Papua New Guinea** before it became independent in 1975.\n\n**Who it affects:**\n- Former Australian public servants and other employees who worked in Papua New Guinea when it was an Australian territory\n- Their spouses and dependents who may be entitled to ongoing pension payments\n- The Commonwealth Superannuation Corporation (CSC), which administers these benefits\n\n**What it does:**\n\n1. **Preserves superannuation rights** — Continues the Papua New Guinea Superannuation Fund, Provident Account, and Reserve Units of Pension Account that existed before independence, so eligible people still get their retirement benefits from Australia.\n\n2. **Provides compensation for terminated employment** — People whose employment was terminated under earlier versions of this Act (before 1976) are entitled to prescribed benefits, which can be set out in regulations.\n\n3. **Sets up a review system for decisions** — If CSC makes a decision someone disagrees with, they can:\n   - Ask CSC to reconsider within 30 days\n   - Have the matter reviewed by a Reconsideration Advisory Committee\n   - Appeal to the Administrative Review Tribunal (a federal court-like body)\n\n4. **Protects families** — If a pensioner abandons their wife or dependent children, the court can order that part of the pension be paid directly to them instead.\n\n5. **Allows attachment of benefits for debts** — In limited circumstances, courts can order CSC to deduct money from benefits to pay judgment debts, with protections for children's pensions.\n\n6. **Deals with mistaken payments after death** — If benefits are accidentally paid to someone who has died (before CSC knew about the death), the money can be recovered from the deceased person's estate.\n\n**Why it matters:**\nThis is transitional legislation from the colonial era. It ensures Australia honours its obligations to people who served in Papua New Guinea before independence, while managing the winding-down of these old superannuation arrangements over time."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1973 Act was designed to manage Australia's staffing assistance to PNG during the transition to independence — a time-limited transitional purpose. Over time, through amendments, it has evolved into a long-term pension and superannuation administration statute. Modern additions (such as the recoverable death payments provisions, reporting obligations, and the updated review pathway to the Administrative Review Tribunal under the 2024 Act) extend well beyond the original transitional staffing assistance purpose, reflecting the Act's transformation into an ongoing benefits management framework for a legacy cohort."},"complexity_factors":["Highly specialised historical context requiring knowledge of PNG pre-independence employment arrangements and multiple superseded ordinances (Superannuation Ordinance 1917-1955, 1928-1955)","Multiple interlocking financial structures: a Superannuation Fund, a Provident Account, and a Reserve Units of Pension Account, each with distinct rules","Multi-tiered decision review process involving CSC internal reconsideration, Reconsideration Advisory Committees, and the Administrative Review Tribunal — with different pathways depending on how the committee was empowered","Heavy reliance on regulations made under the Act for substantive entitlements — meaning you can't understand the full scheme from the Act alone","Cross-references to multiple other Acts: Governance of Australian Government Superannuation Schemes Act 2011, Administrative Review Tribunal Act 2024, Remuneration Tribunal Act 1973","Significant repetition in the document structure (sections appear multiple times) making it difficult to read as a coherent whole","Archaic and gendered drafting language from 1973 sitting alongside modern amendments, creating stylistic inconsistency","The 'Simpson Report' is incorporated by reference as a policy benchmark, requiring external knowledge to fully understand benefit calculations"],"plain_english_summary":"This law preserves and manages retirement and compensation entitlements for the small group of Australian public servants who worked in Papua New Guinea before its 1975 independence, and for their spouses, children and estates. Australia administers and pays the old PNG superannuation/pension benefits, prevents most creditor seizure, offsets any PNG payments, allows review of decisions, and enables recovery of mistaken payments. It’s essentially a legacy statute maintaining long‑standing obligations to a shrinking cohort."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The supplied text shows the Act has been updated to modernise governance and review: decision authority and review mechanics are centred on the Commonwealth Superannuation Corporation and Reconsideration Advisory Committees, with external review by the Administrative Review Tribunal (ss3, 54–55G). It also introduces recoverable‑death payment rules and mandated reporting (ss62B, 62C) and broadens regulation‑making and delegation powers (ss38, 64, 65). These changes expand administrative discretion, reporting and recovery mechanisms while retaining the Act’s original focus on staffing assistance and preservation of superannuation and termination entitlements (s1, 19, 38)."},"complexity_factors":["Multiple institutional actors and cross‑references (Superannuation Board, CSC, Minister, Reconsideration Advisory Committees) increasing coordination and interpretive complexity (ss3, 55, 54–55G, 55H).","Broad delegated discretion vested in CSC and the Minister (powers to reconsider, delegate, establish committees and make decisions) creating administrative law complexity (ss54, 55, 55A, 55B, 64).","Extensive regulation‑making powers affecting contributions, payments and fund management that allow wide policy detail to be set by regulation (ss38, 65).","Interlocking legacy funds and accounts (Superannuation Fund, Provident Account, Reserve Units of Pension Account) preserved and subject to new Commonwealth arrangements, complicating accounting and entitlement tracing (ss3, 34, 36, 37, 38).","Multi‑stage review pathways: internal reconsideration, committee recommendations, CSC written decisions with reasons, then tribunal review — raises procedural and evidentiary requirements (ss54, 55B, 55F, 55G).","Attachment, deduction and recovery rules for benefits with statutory limits and offences (ss60–61, 62B), requiring careful compliance and case‑by‑case assessment.","New reporting and recoverable‑death payment mechanics impose ongoing disclosure and recovery duties on CSC (ss62B, 62C).","Cross‑jurisdictional reimbursement arrangements allow the Minister to seek repayment from PNG authorities, introducing intergovernmental negotiation and cost‑recovery questions (s58).","Penalty and statutory‑declaration provisions that interact with practical enforcement (ss61, 65)."],"plain_english_summary":"This Act sets out how Australia will provide staffing assistance in Papua New Guinea and preserves certain employment and superannuation rights for people who were or are employed there. It authorises the Commonwealth to make and pay termination and superannuation benefits, require contributions, and enter reimbursement arrangements with PNG (ss19, 38, 58, 62A). Decision‑making and internal review powers rest with the Commonwealth Superannuation Corporation (CSC) and the Minister, who may delegate and create Reconsideration Advisory Committees; external review can be sought at the Administrative Review Tribunal (ss54–55G, 64–65)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"s3(1) - definition of 'prescribed date'","severity":"low","reasoning":"While not strictly circular in the logical sense, the definition adds no substantive content beyond what s2 already provides. Any reader seeking to determine the 'prescribed date' must consult external instruments, making the definition effectively meaningless as a standalone provision. This is a drafting redundancy rather than a pure circular definition, but it creates interpretive ambiguity about whether 'prescribed date' could differ from the commencement date if the Act were partially commenced.","confidence":0.72,"description":"The definition of 'prescribed date' is circularly self-referential: it is defined as 'the date of commencement of this Act', while s2 provides that the Act commences on a date fixed by Proclamation. The prescribed date is therefore unknowable from the face of the Act itself and can only be determined by external reference to a Proclamation."},{"type":"self_contradicting","section":"s54(4) and s55B(1)(b)","severity":"medium","reasoning":"Under s54(4)(b), CSC refers the decision to the Committee 'for the Committee to reconsider the decision'. However, s55B(1)(a) only permits the Committee to confirm, vary, substitute or set aside a decision 'if CSC has delegated its powers to reconsider the decision to the Committee'. Section 55B(1)(b) covers other delegated powers but expressly excludes 'the power to reconsider the decision'. This means a referral under s54(4)(b) without an accompanying formal delegation under s55B(1)(a) would leave the Committee with no operative power to actually reconsider the decision. The two pathways are not clearly distinguished, creating a gap in operative effect.","confidence":0.78,"description":"Section 54(4)(b) allows CSC to refer a decision to a Reconsideration Advisory Committee 'for the Committee to reconsider the decision', but s55B(1)(b) only grants the Committee power to exercise delegated powers 'other than the power to reconsider the decision'. This creates a scenario where CSC refers a decision for reconsideration under s54(4)(b), yet the Committee's functions under s55B(1) explicitly exclude having the power to reconsider the decision unless s55B(1)(a) applies (i.e., CSC delegates its reconsideration power). The two provisions operate at cross-purposes: s54(4)(b) contemplates Committee reconsideration as a standalone referral pathway, but s55B requires a formal delegation of reconsideration power under s55B(1)(a) to achieve the same result."},{"type":"other","section":"s55G(b)","severity":"high","reasoning":"The omission of 'substituted' and 'set aside' decisions from the ART review gateway in s55G(b) creates an unintended gap in merits review. A person aggrieved by a Committee decision that substituted the original decision with a new (and potentially more adverse) one cannot access the ART under s55G(b) as drafted. This is inconsistent with the review pathways afforded under ss55G(a) and (c), which cover confirmed and varied decisions by CSC. The legislative intent plainly was to provide full merits review access, making this omission a significant logical flaw.","confidence":0.85,"description":"Section 55G(b) permits ART review of a decision 'confirmed or varied by a Reconsideration Advisory Committee under paragraph 55B(1)(a)'. However, s55B(1)(a) empowers the Committee to 'confirm, vary, substitute or set aside' the decision. The word 'substitute' (which is equivalent to setting aside and replacing) is omitted from s55G(b)'s ART review gateway, meaning a decision substituted by a Committee under s55B(1)(a) has no ART review pathway, unlike a confirmed or varied decision. A person who receives a wholly substituted adverse decision from a Committee is left without ART review access."},{"type":"other","section":"s55G(c)","severity":"high","reasoning":"The cross-reference in s55G(c) to 'paragraph 55F(1)(c) or (d)' omits paragraph 55F(1)(e). Section 55F(1)(e) covers the situation where CSC sets aside the original decision and substitutes a new one — arguably the most significant exercise of reconsideration power. Excluding this from ART review while including confirmation (55F(1)(c)) and variation (55F(1)(d)) is internally inconsistent and produces the absurd result that the most drastic reconsideration outcome attracts no external merits review.","confidence":0.88,"description":"Section 55G(c) references 'paragraph 55F(1)(c) or (d)' as the gateway for ART review of CSC decisions made after Committee recommendations. However, s55F(1) uses paragraphs labelled (c), (d) and (e) for the operative outcomes (confirming, varying, or setting aside and substituting). Paragraph (e) — setting aside and substituting a new decision — is omitted from s55G(c)'s ART review gateway. This means a person whose decision was set aside and replaced by CSC acting under s55F(1)(e) has no ART review right, creating an arbitrary gap in review access."},{"type":"other","section":"s61(4)","severity":"low","reasoning":"The use of 'his discretion' in reference to CSC (a corporation) is grammatically and legally anomalous. While the Acts Interpretation Act 1901 aids construction, the provision as written is facially absurd in attributing a personal pronoun to a statutory body corporate. This is a legacy drafting error that was not updated when CSC replaced the original human officeholder.","confidence":0.82,"description":"Section 61(4) refers to 'CSC may, in his discretion' — using a masculine personal pronoun ('his') to refer to CSC, which is a statutory corporation (the Commonwealth Superannuation Corporation), not a natural person. A corporation cannot have a gendered pronoun. This is a drafting anachronism that creates a minor absurdity, though it likely reflects the provision's original drafting when a human officeholder held the role."},{"type":"impossible_compliance","section":"s55 and s55A","severity":"low","reasoning":"The combination of the permissive establishment power (s55) and the completely open membership determination (s55A) creates a structural gap. While in practice CSC would appoint members, the Act itself imposes no floor on membership, creating a theoretical impossibility of a functioning Committee with no members. This is an absurdity of omission rather than commission.","confidence":0.65,"description":"Section 55 empowers CSC to establish Reconsideration Advisory Committees 'as CSC considers necessary', but s55A provides that a Committee 'comprises such persons as CSC determines' without any minimum membership requirement, quorum, or qualification criteria. There is nothing in the Act preventing CSC from establishing a Committee with zero members, or appointing a single person. A Committee of zero members could not perform any review function, yet the Act provides no safeguard against this."},{"type":"other","section":"s62B(1) and s62B(3)","severity":"medium","reasoning":"The practical purpose of s62B is administrative convenience (allowing payments already in train to proceed rather than be recalled). However, the logical structure is circular: the section grants power to pay only where no power exists, deems payment made to the estate, then treats the amount as a debt. The net legal effect is a wash — the Commonwealth pays and then recoups the same amount — which raises the question of why the payment is authorised at all rather than simply stopped. The section would make more sense if it provided for the payment to be retained by the estate, but instead it mandates recovery, making the authorisation largely pointless.","confidence":0.7,"description":"Section 62B creates a 'recoverable death payment' mechanism that is logically self-undermining: the Commonwealth is authorised to make a payment it otherwise has no power to make (s62B(1)), and that payment is simultaneously deemed paid to the deceased's estate (s62B(2)) and made a debt recoverable from the legal personal representative (s62B(3)). The Commonwealth thus exercises a power it lacks, creates a legal fiction of payment to an estate, and then recovers the same amount as a debt — effectively authorising a payment for the sole purpose of immediately recovering it, achieving no net benefit to any party."},{"type":"other","section":"s3(2)","severity":"medium","reasoning":"A statutory interpretation provision that begins at paragraph (b) with no paragraph (a) is facially incomplete. If paragraph (a) has been repealed, the remaining paragraph (b) should be renumbered. As it stands, readers are left to wonder what paragraph (a) provided, and whether its absence affects the operation of paragraph (b). This is a structural absurdity in the drafting.","confidence":0.9,"description":"Section 3(2) begins with paragraph (b) with no paragraph (a). The subsection reads 'In this Act, unless the contrary intention appears: (b) where an expression is given a particular meaning...'. Paragraph (a) is missing entirely from the provision as reproduced, creating a structural gap in the interpretation clause. Either paragraph (a) has been omitted from the text or the provision was mislabelled, but either way the subsection as it stands begins illogically at paragraph (b)."}],"contradictions":[{"severity":"low","section_a":"s54(4)(a)","section_b":"s55B(1)(c) and s55F","confidence":0.62,"description":"Section 54(4)(a) allows CSC to refer a decision to a Committee 'for the Committee to make recommendations to CSC'. Section 55B(1)(c) confirms this is the default Committee function when no delegation exists, and s55F governs what happens after recommendations are made. However, s54(5) requires CSC to inform the applicant 'of the result of its reconsideration of the decision' — yet under the recommendation pathway (ss54(4)(a), 55B(1)(c), 55F), it is CSC that makes the final decision, not the Committee. The statutory notification obligation in s54(5) falls on CSC after 'reconsideration', but where CSC refers to a Committee and then acts under s55F, it is unclear whether the s54(5) notification obligation applies to the s55F decision or whether s55F(3) (copy of written decision to applicant) separately satisfies notification. This creates a potential duplication or gap in notification obligations."},{"severity":"medium","section_a":"s60","section_b":"s61","confidence":0.74,"description":"Section 60 declares that benefits under Part V 'are not capable of being assigned or charged or of passing by operation of law' and that moneys paid on death 'are not liable to be applied or made available in payment of his debts or liabilities'. Section 61 then creates a detailed regime for judgment creditors to attach those same benefits. While s60 says 'subject to section 61', the substance of s60's prohibition is so broadly stated (benefits not liable to be applied in payment of debts) that it appears to conflict with s61's attachment mechanism, which is precisely a mechanism for applying benefit payments toward debt satisfaction. The savings clause 'subject to section 61' resolves the direct conflict, but s60's declaration that moneys paid on death are not liable for debts is not subject to s61, creating an anomaly where living beneficiaries' pensions can be attached but post-death payments cannot — even though s62B separately contemplates post-death payments being recovered."},{"severity":"high","section_a":"s55B(1)(a)","section_b":"s55G(b)","confidence":0.87,"description":"Section 55B(1)(a) grants a Committee (when properly delegated) power to 'confirm, vary, substitute or set aside' a decision. Section 55G(b) only opens ART review for decisions 'confirmed or varied' by a Committee under s55B(1)(a). This means decisions 'substituted' or 'set aside' by a Committee under s55B(1)(a) are not reviewable by the ART under s55G(b). The Act thus creates a two-tier system where some Committee outcomes attract ART review and others (arguably the more drastic ones — substitution and setting aside) do not, directly contradicting the evident legislative intent of providing merits review access."},{"severity":"high","section_a":"s54(4)(b)","section_b":"s55B(1)(a) and s55B(1)(b)","confidence":0.8,"description":"Section 54(4)(b) creates a referral pathway where CSC sends a decision to a Committee 'for the Committee to reconsider the decision'. This implies the Committee has reconsideration power upon referral. However, s55B(1)(a) only grants reconsideration power if 'CSC has delegated its powers to reconsider the decision to the Committee' — a formal delegation step separate from and additional to the s54(4)(b) referral. Section 55B(1)(b) covers other delegated powers but expressly carves out the reconsideration power. The result is that a s54(4)(b) referral without a corresponding formal delegation leaves the Committee with no operative power to reconsider, directly contradicting the plain meaning of s54(4)(b)."},{"severity":"high","section_a":"s55F(1)(e)","section_b":"s55G(c)","confidence":0.88,"description":"Section 55F(1)(e) empowers CSC to 'set aside the decision under review and substitute a new decision' following Committee recommendations. Section 55G(c) opens ART review only for decisions 'confirmed or varied by CSC under paragraph 55F(1)(c) or (d)'. Paragraph 55F(1)(e) — the most interventionist outcome — is not referenced in s55G(c), meaning ART review is unavailable for the most significant reconsideration outcome. This directly contradicts the scheme's evident purpose of providing comprehensive merits review."},{"severity":"medium","section_a":"s19(1)","section_b":"s19(2)","confidence":0.75,"description":"Section 19(1) provides that a qualifying person 'is entitled to the prescribed benefits' — using mandatory language conferring a legal entitlement. Section 19(2) states that regulations 'shall be made with a view to giving effect to' the Simpson Report recommendations, but that nothing prevents greater benefits. The entitlement in s19(1) is contingent on regulations being made under that subsection, but if no regulations are made, the entitlement is hollow — a person is 'entitled' to benefits that have no content. The mandatory tone of s19(1) contradicts the regulatory contingency, since without regulations there are no 'prescribed benefits' and the entitlement cannot be exercised."}]}},"importantCases":[],"_links":{"self":"/api/acts/papua-new-guinea-staffing-assistance-act-1973","history":"/api/acts/papua-new-guinea-staffing-assistance-act-1973/history","analysis":"/api/acts/papua-new-guinea-staffing-assistance-act-1973/analysis","conflicts":"/api/acts/papua-new-guinea-staffing-assistance-act-1973/conflicts","importantCases":"/api/acts/papua-new-guinea-staffing-assistance-act-1973/important-cases","documents":"/api/acts/papua-new-guinea-staffing-assistance-act-1973/documents"}}