1Short title
This Act may be cited as the Papua New Guinea (Staffing Assistance) Act 1973.
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This Act may be cited as the Papua New Guinea (Staffing Assistance) Act 1973.
This Act shall come into operation on a date to be fixed by Proclamation.
In this Act, unless the contrary intention appears:
Board means the Superannuation Board.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
decision of CSC means a decision of CSC, or a delegate of CSC, under this Act or the regulations.
prescribed date means the date of commencement of this Act.
Provident Account means the Papua New Guinea Provident Account that was continued in existence by section 36.
Reconsideration Advisory Committee means a Committee established under section 55.
Reserve Units of Pension Account means the Reserve Units of Pension Account that was continued in existence by section 37.
Superannuation Board means the Papua New Guinea Superannuation Board that was continued in existence by section 20.
Superannuation Fund means the Papua New Guinea Superannuation Fund that was continued in existence by section 34.
In this Act, unless the contrary intention appears:
where an expression is given a particular meaning, other parts of speech and grammatical forms of the same expression have corresponding meanings.
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.
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.
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.
Regulations under subsection (1) may include provision for deferred benefits in specified circumstances.
The regulations may make different provision in relation to elections made, and employment terminated, under different provisions of this Part.
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.
The regulations may make provision for and in relation to:
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;
payments to be made by the Commonwealth to and in relation to:
persons referred to in paragraph (a); and
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
matters incidental to or connected with matters referred to in paragraphs (a) and (b).
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.
There shall be set out in the request the ground on which the request is made.
After receiving a request for reconsideration of a decision, CSC must:
refer the decision to a Reconsideration Advisory Committee for the Committee to make recommendations to CSC in relation to the decision; or
refer the decision to a Reconsideration Advisory Committee for the Committee to reconsider the decision; or
reconsider the decision itself.
If CSC reconsiders a decision, it may:
confirm the decision; or
vary the decision; or
set aside the decision and substitute a new decision.
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.
CSC may establish such Reconsideration Advisory Committees as CSC considers necessary.
A Committee comprises such persons as CSC determines.
The functions of a Committee are to review any decision referred to it under this Act and:
if CSC has delegated its powers to reconsider the decision to the Committee—to confirm, vary, substitute or set aside the decision; or
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
in any other case—to make recommendations to CSC in relation to the decision.
Paragraph (c)—see section 55F.
When reviewing a decision, a Committee:
must take into account any evidence relevant to the decision that is submitted to it; and
may also take steps to obtain any other evidence that it considers necessary for a proper review of the decision.
Subject to any directions given by CSC, the Committee may regulate its proceedings as the Committee thinks fit.
If a direction is given in writing, the direction is not a legislative instrument.
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.
See also section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.
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.
A member of a Committee is to be paid such allowances (if any) as are prescribed.
This section has effect subject to the Remuneration Tribunal Act 1973.
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