Our National Constitution
The Constitution of PNG (Division 3 - Basic Rights) in Section 37, Protection of the Law, states in the following clauses:
Clause 17 “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”
Clause 18 “Accused persons shall be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons.”
Clause 19 “Persons under voting age who are in custody in connection with an offence or alleged offence shall be separated from other persons in custody and be accorded treatment appropriate to their age.”
Clause 20 “An offender shall not be transferred to an area away from that in which his relatives reside except for reasons of security or other good cause and, if such a transfer is made, the reason for so doing shall be endorsed on the file of the offender.”
Departmental Status & Legislation
CS gained national departmental status on 28th February 1985. Since 1957, when the Corrective Institutions Service (CIS) was established under the CIS Act, Chapter 63, it had always been a unit of a Government department – Native Affairs and Justice.
CS is established as a state service under Section 188(2) of the National Constitution and as a discipline force, beside the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary, under Section 207 of the Constitution.
In 1995, CIS formally became the Correctional Services of Papua New Guinea through Parliament’s enactment of the new Correctional Service Act No. 6, 1995, with its functions outlined in Section 7(1) as being:
- Taking custody and control of all persons committed to Correctional Institutions upon warrant or order of a court or the custody of the service by any other competent authority under any law in force in the country.
- Providing secure, efficient and humane facilities for the purpose of paragraph (a) above and to manage and maintain them in accordance with the Act.
- Developing and providing meaningful educational, training and rehabilitation programs for the benefit of detainees, and
- Providing a commitment to the ongoing pursuit of excellence in Correctional management.
CS manages offenders within the United Nations Covenants, the Papua New Guinea Constitution, and in accordance with Papua New Guinea legislation, including: The Correctional Service Act and Regulations 1995; The Juvenile Court Act 1991; and The Parole Act 1991. CS is the provider of custodial correctional services for both sentenced and remand detainees.
CS National Policy acknowledges the framework of the Government of PNG sectoral policies, and legislation that may impact upon to the operation of CS, at Headquarters and at the Institutional level. The Provincial and Local Level Governments are partners with CS, at the provincial and local level.
