Ombudsman Commission Annual Report 2013

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    Ombudsman Commission Annual Report for 2013

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  • P.O Box 1831 TELEPHONE: (675) 320 3200
    PORT MORESBY 121, NCD FACSIMILE: (675) 320 3263
    Papua New Guinea EMAIL: executive@ombudsman.gov.pg

    DATE: 17/03/2014

    His Excellency Sir Michael Ogio CMG, CBE
    The Governor-General
    Government House
    KONEDOBU
    National Capital District

    Your Excellency,

    Section 220 of the Constitution* requires the Ombudsman Commission to furnish to the Head of State, for
    presentation to Parliament, an Annual Report on its functions and workings as well as other such reports as
    necessary from time to time.

    The Commission hereby submits its 2013 Annual Report. It covers the period 1 January 2013 to 31 December
    2013 and includes the Commission’s 2013 Audited Financial Report.

    We advise that at the finalisation of this Report, Ombudsman John Nero; BAC, MBA has passed away hence
    the omission of his signature.

    Yours sincerely,

    Rigo A. Lua; OBE Phoebe Sangetari; LLB, LLM
    CHIEF OMBUDSMAN OMBUDSMAN Sec-
    tion
    220 of the Constitution is quoted here in full.

    * Section 220 of the Constitution states:
    1) The Ombudsman Commission shall at least once in each period of 12 months, at such time as is fixed by or under an Act of the Parliament or,
    subject to any such Act, by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, give to the
    Head of State, for presentation to the Parliament, a report on functions and workings of the Commission, with such recommendations as to
    improvement as the Commission thinks proper.
    2) Nothing is Subsection (1) prevents the Commission from making, on its own initiative or at the request of the Parliament or of the National
    Executive, other reports on any aspect of the functions and workings of the Commission.

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  • 2013 Annual Report

    Ombudsman Commission
    of
    Papua New Guinea

    ANNUAL REPORT 2013

    For the period

    1 January 2013 to 31 December 2013

    Page i

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  • 2013 Annual Report

    TABLE OF CONTENTS

    1. MESSAGE FROM CHIEF OMBUDSMAN……………………………………………………… 6
    2. EXECUTIVE SUMMARY………………………………………………………………………… 7
    3. VISION, MISSION AND VALUES………………………………………………………………. 9
    4. PROGRESS AGAINST KEY RESULT AREAS………………………………………………… 10
     Accessibility and Service Delivery………………………………………………………………………….. 10
     Internal Screening and Assessment……………………………………………………………………… 10
     Public Education Program………………………………………………………………………………. 12
     Leadership Code Compliance and Administrative Investigation……………………………………………. 13
     Complaints and Administrative Investigation…………………………………………………………… 13
     Case Summaries…………………………………………………………………………………………. 14
     Annual Statements Assessment…………………………………………………………………………. 17
     Constitutional Compliance, Litigation and Legislative Reform……………………………………………… 19
     Corporate Capacity Development and Governance…………………………………………………………. 20
     Recruitment and Selection………………………………………………………………………………. 20
     Learning and Development……………………………………………………………………………… 21
     Twinning………………………………………………………………………………………………… 22
     IT Development…………………………………………………………………………………………. 24
     Budget Compliance……………………………………………………………………………………… 25
    5. CHALLENGES FOR THE YEAR………………………………………………………………… 27
    6. RECOMMENDATION FOR IMPROVEMENT………………………………………………… 28
    7. FINANCIAL AUDIT REPORT…………………………………………………………………… 29
    8. APPENDICES……………………………………………………………………………………… 40
     Appendix I – Major Reports produced under Section 22 of the Organic Law on the
    Ombudsman Commission as at 31 December 2013 for the last
    15 years starting with the most recent………………………………………………………. 40
     Appendix II – Leaders referred for prosecution under the Leadership Code as at
    31 December 2013 for the last 15 years starting with the most recent……………………… 41
     Appendix III – Government Bodies under the Ombudsman Commission’s Government
    Bodies Liaison Program…………………………………………………………………… 45
     Appendix IV – Former Members of Commission…………………………………………………………… 47
     Appendix V – List of Abbreviations………………………………………………………………………… 48
    9. CONTACT………………………………………………………………………………………….. 49
    10. FIGURES
     Figure 1……………………………………………………………………………………………………… 10
     Figure 2……………………………………………………………………………………………………… 10
     Figure 3……………………………………………………………………………………………………… 10
     Figure 4……………………………………………………………………………………………………… 11

    Table of Contents Page ii

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  • 2013 Annual Report

     Figure 5……………………………………………………………………………………………………… 12
     Figure 6……………………………………………………………………………………………………… 13
     Figure 7……………………………………………………………………………………………………… 13
     Figure 8……………………………………………………………………………………………………… 17
     Figure 9……………………………………………………………………………………………………… 20
     Figure 10…………………………………………………………………………………………………….. 21
     Figure 11…………………………………………………………………………………………………….. 22
     Figure 12…………………………………………………………………………………………………….. 23
     Figure 13…………………………………………………………………………………………………….. 25
     Figure 14…………………………………………………………………………………………………….. 26

    Table of Contents Page iii

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  • 2013 Annual Report

    MESSAGE FROM CHIEF OMBUDSMAN

    I t is with great honour that I present the Ombudsman Commission of
    Papua New Guinea’s (OCPNG) 2013 Annual Report. The report ba-
    sically highlights our challenges, achievements, financial information
    and the plans for future development. The report, we believe will be
    informative to you.

    OCPNG continues to fulfil its mandate under the Constitution, the Or-
    ganic Law on the Ombudsman Commission and the Organic Law on Duties
    and Responsibilities of Leadership. In managing the affairs of the Commis-
    sion, the members and officers of the Commission tried to achieve
    some impact and measurable output under the 2013 Ombudsplan
    (Annual Business Plan) and the Strategic Plan 2011 – 2015.
    Rigo A. Lua; OBE
    Chief Ombudsman During my tenure as the Chief Ombudsman, the OCPNG has taken a
    new approach to strengthen the internal affairs (staff welfare and per-
    formance) to prepare it for greater responsibilities and carry out its mandated functions more effectively
    and proactively. It is my vision that by the year 2019, the Ombudsman Commission will be a vibrant,
    primer institution in pursuit of promoting good governance and quality leadership in Papua New
    Guinea.

    The Commission has gone through some challenges this year due to a lot of outstanding matters not pro-
    gressed as a result of lack of quorum, and some unprecedented events but we were able overcome them.
    In the last five months of 2013 we managed slowly but gradually with the assistance of the two Ombuds-
    men and officers of the Commission to advance some of the shelved matters. Some of the notable achieve-
    ments this year include; retrenchment of four officers, improved Terms & Conditions of Employment, Re-
    cruitment drive, Contract issues and other administrative matters as well as constitutional. I started with
    improving the new Terms & Conditions of Employment for our officers to basically improve the perfor-
    mance level so that the Commission delivers the expected level of service to the people of Papua New
    Guinea.

    I wish to pay special tribute to the four longest serving officers who were retrenched this year as well as
    our current committed officers from the headquarter and regional offices who unceasingly commit their
    time and efforts in driving the vision of this institution. I call upon the officers of the Commission to con-
    tinue to provide their expertise and assistance required by us to deliver the aspirations of the people of
    Papua New Guinea.

    I acknowledge and express my deepest appreciation to the senior management, and all the officers of the
    Commission who have contributed to this year’s achievements of most of our strategic objectives.

    Above all I thank God for the inspiration in the development of this new vision and pray for his continual
    guidance as we endeavour to take the Commission forward.

    Message from the Chief Ombudsman Page 6

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  • 2013 Annual Report

    EXECUTIVE SUMMARY

    The Ombudsman Commission of Papua New Guinea started the year with yet another passing of a critical
    personnel required by law in its overall operation. Gabe Hekoi was serving as the Acting Ombudsman
    during the time of his passing in February 2013. Mr Hekoi’s substantive position was Secretary to the
    Commission and was appointed to his acting capacity when Ombudsman Phoebe Sangetari was elevated
    to Acting Chief Ombudsman following the death of Chronox Manek in 2012.

    The fluctuation of vacancies at the top management level amounted in the lack of quorum to hold Com-
    mission meetings to deliberate on both Administrative and Constitutional matters. Administrative matters
    include human resource, training, contracts, discipline and other support services in the operation of the
    Commission. Whilst Constitutional matters refer to leadership, complaint administrative investigations
    and other essential matters to do with the mandated functions of the Commission.

    Commission meetings have a great impact on the work of the Commission as that is when decisions on
    important matters are made. The quorum at the meeting is two as specified under Section 14 (3) of the Or-
    ganic Law on the Ombudsman Commission (OLOC), Chief Ombudsman and an Ombudsman. The Chief Om-
    budsman presides at all meetings of the Commission. Apart from the Members of the Commission
    (MOC), the Secretary and the Counsel to the Commission are required to be present during these meet-
    ings. Other officers may attend at the invitation of the Commission.

    The Commission meets at such times and places as are fixed by the Chief Ombudsman. Normally, the
    meetings are held twice a month and about 24 meetings altogether in a year. In some circumstances, there
    are special meetings that are held when urgent matters and/or business needs arise. In the event of an
    equality of votes on a matter, the Chief Ombudsman has the casting as well as deliberative vote on the
    matter (Section 14(5) of the OLOC).

    It was a relief for the Ombudsman Commission when the Chief Ombudsman was appointed in July 2013,
    almost a year after the position was vacant. This meant Commission meetings were held and matters that
    awaited deliberation, progressed.

    One of the first matters that MOC deliberated on when the new CO took office was the implementation of
    the improved staff Terms & Conditions of employment. This was a timely decision made to boost officers’
    morale after the prolonged appointment of a Chief Ombudsman which created uncertainty and backlogs
    of cases.

    Following the implementation of the staff Terms & Conditions, unattached officers were finally retrenched
    after years of waiting. It was the Commission’s first retrenchment exercise since its establishment, hence,
    the cause of delay in implementation because the Commission had to ensure that the retrenchment exer-
    cise was properly done according to the Public Service guidelines. In December the Commission released
    four (4) of its long serving officers who had together contributed more than 60 years in the service of the
    Commission.

    Despite the many challenges the Commission encountered it managed to deliver some of its planned ac-
    tivities. Prior to the Local Level Government elections in 2013, OCPNG carried out a nationwide aware-
    ness exercise on good leadership qualities. The awareness was aimed at educating voters on the type of

    Executive Summary Page 7

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  • 2013 Annual Report

    leaders they should vote for during the elections. It was similar to the awareness exercise that the Com-
    mission delivered before the 2012 National Elections which the Commission believes had an impact in the
    high turnover of sitting MPs being voted out.

    However, some matters such as recruitment continue to be a challenge to OCPNG. The Commission has
    as much as possible injected resources to its recruitment drive to fill the vacancies, however its efforts
    have not materialized due to a number of reasons. One of which has been a great concern and that is the
    Commission’s lack of competitiveness in the labour market to attract suitably qualified and experienced
    people.

    The implementation of the learning and development programs has been a success for the Commission as
    manifested by the number of officers who attended various training programs in-country and overseas
    during the year.

    In addition to the capacity building of officers, the Commission has also benefited well from the training
    provided by the Pacific Ombudsman Alliance (POA) tailored programs resulting in the attendance of
    eight (8) officers at no cost to OCPNG.

    Meanwhile, the twinning program has been one of the success pillars of corporate capacity building of
    staff skill competencies and most programs for the year were implemented except for a few due to situa-
    tions and circumstances beyond both offices’ control. Twinning is an exchange program between OCPNG
    and the Commonwealth Ombudsman of Australia.

    The challenge for the broad area of corporate capacity building through the various modes is effective
    monitoring and evaluation and reporting and proper documentation to ascertain the return value by offic-
    ers in their work in the service of the Commission.

    Budget and planning are an important aspect in
    the operation of the Commission as seen in this
    picture, a group discussion during one of the
    meetings.

    Executive Summary Page 8

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    VISION, MISSION and VALUES

    Vision
    The vision of the Ombudsman Commission is to be a vibrant, premier institution in pursuit of promoting good governance and
    quality leadership in PNG by the year 2019.

    Mission
    To promote and protect the integrity of our leaders and to help improve the work of government bodies and investigate any com-
    plaints against them to ensure there is good governance, accountability, transparency and quality leadership in the public sector.

    Values

    For the Commission to realise its Vision and fulfil its Mission, it is committed to seven (7) fundamental values in all its dealings
    in areas within its jurisdictions where it provides the oversight.

    1. Unity
    In unity we advance, divided we fail in the discharging of our mandated functions under the Constitution and the Organic
    Law on the Ombudsman Commission and the Organic Law on the Duties and Responsibilities of Leaders (OLDRL).

    2. Leadership
    We will provide leadership in our fight for transparency, accountability, good governance and quality leadership in the pub-
    lic sector as an oversight agency.

    3. Impartiality
    We will carry out our duties with impartiality by not supporting any one person or group more than the other and maintain
    our political neutrality.

    4. Integrity
    We recognize the importance of maintaining the personal integrity of each of the Members of the Commission and all offic-
    ers in the service of the Commission.

    5. Independence
    We will preserve the independence of the Ombudsman Commission and ensure that it is not subject to improper influences
    in carrying out its functions.

    6. Responsiveness
    We will be responsive to the needs and aspirations of the people of Papua New Guinea.

    7. Respect
    We will respect individuals and their rights regardless of who they are.

    Vision, Mission and Values Page 9

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    PROGRESS AGAINST KEY RESULT AREAS

    Under the Ombudsman Commission Strategic Plan 2011 – 2015, there are four (4) Key Result Areas;
     Accessibility and Service Delivery
     Leadership Code Compliance and Administrative Investigation
     Constitutional Compliance, Litigation and Legislative Reform
     Corporate Capacity Development and Governance

    1. Accessibility and Service Delivery

    Intake Screening & Assessment

    Intake Screening Unit is the Commission’s point of entry. This is where complaints are registered and assessed.
    Complaints received are either declined or escalated for investigation at this level. Complaints are declined on the
    basis that they are out of the Commission’s jurisdictions and due to other reasons specified under Section 16(3) of the
    Organic Law on the Ombudsman Commission however; the Commission also provides advice to complainants and re-
    fers them to the appropriate bodies to address their grievances. OC Regional Offices also receive and assess com-
    plaints at their respective offices.

    The following graphs show the different complaint modes, agencies most complained against, complaint issues and
    the different provinces complaints received from.

    Figure 1 shows the different modes used to collect complaints.

    2% 2%
    Complaint analysis: Most of the complaints re-
    3%
    ceived by the Ombudsman Commission is
    through writing followed by complainants visiting
    different offices of the Commission and laying
    21% complaints in person. The third mode of collecting
    Letter
    complaints is during Commission’s visits, be it
    Visit to Us
    Visit By Us
    PEP trips or investigative trips, complaints are
    52%
    Fax gathered during those events.
    Email
    20% Own Initiative

    Figure 2 shows the top 10 agencies most complained against.
    4%
    Complaint analysis: The Department of 4% Dept of Police
    Police has topped the ‘most complained 4% Private Business/Agencies
    against’ government body for the last
    7% 29% Dept of Education
    three years. In the last two years it was
    Dept of Health
    increasing at a rate of 2% each year. The 6%
    PNG Correctional Services
    increase rate is due to the high number of
    complaint cases carried over from the pre- Dept of C.I.S.
    7%
    vious year and new complaints received. Dept of Lands & Physical Planning
    However, this year the rate slightly Western Prov Administration
    dropped. 8% Dept of Defence
    18%
    East Sepik Prov Administration
    13%

    Progress Against Key Result Areas Page 10

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    Figure 3 shows the top 10 complaint issues.

    Complaint analysis: The main com-
    plaint issue recorded this year and the 5%
    4%

    previous two years was to do with Entitlements
    5%
    OC Information
    final entitlements. Most of these com-
    6% 32% Unlawful exercise of office authority
    plainants are public servants mainly
    Terms & conditions
    teachers and nurses. This graph shows
    7% Advice to Complainant
    the different complaint issues received
    Misappropriation
    in 2013.
    8% Delay in general
    Failure to make a decision
    Termination
    8%
    17% Fraud
    8%

    Figure 4 shows the top 10 provinces complained received from.

    Complaint analysis: This graph shows the percent- 3% 2%
    2%
    National Capital District
    age of complaints received from different provinces 5%
    East Sepik
    in the country. National Capital District has been the Oro
    leading province with the highest number of com- 5%
    Western Province
    plaints received for the last couple of years. One of 7% 44%
    Simbu
    the most obvious reasons why the Commission re-
    Milne Bay
    ceive a lot of complaints from NCD is because of the 10%
    Madang
    availability of OC services in the Head Office com-
    West New Britain
    pared to the most remote places of the country. 10%
    Eastern Highlands
    12%
    East New Britain

    An officer
    explaining the
    complaint form
    to a complainant
    during a Public
    Education
    Program.

    Progress Against Key Result Areas Page 11

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    Public Education Program

    The Ombudsman Commission continues to carry out awareness in various parts of the country in 2013 in its endeavour to reach
    out to as many people as possible including the general public, students and leaders on its roles and functions and the require-
    ment of the Leadership Code.

    In 2013, the Public Education Program targeted mainly students, leaders and ordinary people because it is important for every-
    one to know the Roles & Functions of the Ombudsman Commission while it is equally important for Leaders to know their du-
    ties and responsibilities under the Leadership Code which OC administers. The Commission believes that students are the coun-
    try’s future leaders and it is equally important for them to know the qualities of good leadership and good governance.

    Figure 5 shows areas that the Commission visited during the year.

    District/Institution Province
     Rigo  Hiri Central
     Abau

     Divine Word University Madang

     Goroka  Kainantu Eastern Highlands
     Asaro  Henganofi
     Daulo

     Gumine  Gembolg Simbu
     Chuave  Kerowagi
     Kundiawa

    Apart from its annual Public Education Program, the Commission carried out a nation-wide awareness on qualities of
    good leadership before the 2013 Local Level Government Elections.

    The Commission had visited some of the most remote areas in the county. While some of these visits were maiden
    trips others have been revisits.

    The Commission in its PEP distributed pamphlets/brochures and posters during open meetings and forums. Talk-
    back shows were held in provincial radio stations, mainly National Broadcasting Corporation and were conducted in
    both English and Tok-Pisin.

    The bulk of the population that have heard about the Commission understands that the Commission is there to inves-
    tigate misconduct of leaders. They know very little about the Commission’s traditional role of investigating com-
    plaints against government bodies and the bureaucracy.

    Utilizing the external media through visual audios, radio plays & jingles and television commercials is seen as the
    way forward to disseminate the message more effectively. Compared to print and meeting/forums, audio and televi-
    sion advertisements leave a deep impression on people’s mind because they are replayed messages.

    By the end of the year, the following government bodies were actively involved with the Commission’s Government
    Bodies Liaison Program.
     Central Provincial Administration
     Simbu Provincial Administration
     Eastern Highlands Provincial Administration
     PNG Defence Force
     Royal PNG Constabulary

    Progress Against Key Result Areas Page 12

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    Leadership Code Compliance & Administrative Investigations

    Complaints & Administrative Investigations

    In 2013, a total of 367 cases were investigated. Of the 367 cases, 210 were new cases and 157 were carried over from
    the previous year.
    Figure 6 shows complaints distribution life cycle.

    Complaint analysis: After complaints are
    assessed and are found to be within OC
    jurisdictions, they are escalated to the
    6%
    investigation team. The investigation
    26% Admin Complaint Assessment
    team does further assessment on the
    complaint and a preliminary investiga-
    Admin Complaint Preliminary
    tion is done. If there is prima-facie evi- 68% Investigation
    dence in the investigation, a full investi- Admin Complaint Full Investigation
    gation is carried out. For a full investiga-
    tion to be carried out it has to be en-
    dorsed by the MOC. Very few complaints
    reach the full investigation stage mainly
    because of the following;
     Not enough information/evidence
     Complaint issues resolved in the pre-
    liminary stage

    Figure 7 shows some of the outcomes of the administrative investigations carried out by the Commission in 2013.

    Progress Against Key Result Areas Page 13

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  • 2013 Annual Report

    Case Summaries

    These are some of the case summaries of complaints OC received and was dealt with under the Organic Law on the
    Ombudsman Commission.

    1. DELAY IN REFUND OF CONTRIBUTIONS BY NAMBA- 2. ALLEGED NON RECEIPT OF RESI FUNDS
    WAN SUPER LIMITED (NSL) This complaint relates to allegations that K1million
    A teacher in the Autonomous Region of Bougainville allocated by Department of Education (NDOE) as
    (AROB) who was retired complained against the Nambawan Rehabilitation of Education Sector Infrastructure
    Super Limited for the delay in executing his refund of con- (RESI) funds was misused and the school did not
    tributions after retirement in year 2006. He complained get its allocation as per its proposal.
    about the long delay in processing refund since his retire- The School Board prepared and made a project
    ment was approved by the Teaching Service Commission in proposal submission to Department of Education
    2006. to secure funding under the RESI program and it
    Since submitting the separation form he had been following was approved to the value K332, 811.10.
    up with Education office in Buka year after year and the The Commission commenced enquiries with the
    form was not forwarded to NSL by the Division of Education Central Provincial Administration and the Provin-
    in Bougainville. Due to the delay the complainant regis- cial Administrator responded to the Commission’s
    tered his complaint with Ombudsman Commission. Upon letters and provided a Report compiled by the
    commencement of investigation it was confirmed the delay District Administrator for Rigo District outlining
    was caused by the Division of Education in Bougainville. the use of K10million DSIP funds on projects ap-
    With the involvement of the Commission the documents proved by Rigo JDP&BPC in 2013.
    were processed and forwarded to the NSL.
    Vatugoro Primary School RESI funding was also
    Upon receipt of the documents NSL processed the payment included with an amount of K350, 000.00 in 2013
    and the complainant was paid an amount of K63, 625.75 in as it was not in the funded list in 2012 when
    2013 seven years after he was retired from the teaching K1million RESI fund was disbursed to the District
    service. This is a case of failure by the Division of Education by NDOE in 2011.
    in Buka which was responsible for the delay which created
    hardship for the complainant as he had made numerous Upon receipt of the funds by the school the file
    trips to and from Buka town over the years. was closed.

    4. COMPLAINT AGAINST OF-
    3. FAILURE TO CEASE TEACHER’S DEDUCTION TO KWILA INSURANCE
    FICE OF WORKERS COMPEN-
    A teacher in Milne Bay Province complained against the Division of Educa-
    SATION (OWC)
    tion – Milne Bay regarding non cessation of deduction of insurance premi-
    An employee of a company com-
    um to Kwila Insurance.
    plained that he had submitted a
    The complainant is an Elementary School Teacher in Milne Bay Province.
    Workers compensation claim
    He had alleged that his request for the cessation of his insurance premi- after he was injured at work. He
    ums paid to Kwila Insurance had not been effected upon request and the claimed that there was unreason-
    deduction continued. The complainant alleged that he took up an insur- able delay despite submitting
    ance policy with Kwila Insurance and his policy which had matured, there- relevant documentation
    fore wanted deductions ceased and sum assured paid forthwith.
    The Commission wrote to the
    Despite his request to the Department of Education the deduction contin-
    OWC and after exhausting all
    ued.
    avenues to establish whether
    He said that he had signed all documents as supplied by Kwila and were payment had already been made
    sent to Education Division but no action had been taken. to him a site visit was made to
    We contacted the Division of Education and on 25 September 2013 the the OWC where it was estab-
    complainant confirmed cessation of deduction. lished that the OWC had paid him
    Through the cooperation of the OIC salaries in Alotau and the Manager for already.
    Kwila Insurance Office, the matter was successfully dealt with. Hence, the case was closed.

    Progress Against Key Result Areas Page 14

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    5. ENOCH ABEL AGAINST PNGDF 6. ALLEGED NON-TRANSFER OF TITLE TO SECTION
    The commission received a complaint about improp- 507 LOT 16, WEWAK, ESP
    er discharge against PNGDF, that the decision was The complaint is regarding alleged non-transfer of title
    against a medical report declaring him ‘fit for re- to property described as Sec. 507, Lot 16, Wewak, by
    engagement’. The complainants appeal to the PNGDF the National Housing Corporation to the complainant.
    was unsuccessful on the grounds that he had serious
    disciplinary issues. The investigation was to deter- The property was paid off from NHC under the Govern-
    mine whether discharge procedures stipulated in the ment Sale – Off Scheme in 1996. From 1996 to 2011,
    PNGDF Manual of Personnel Administration (PNGDF fortnightly deductions were made to NHC totaling K22,
    MPA) were correctly followed and whether the deci- 940.00, but the property title was not transferred to
    sion not to retain him was fair. the complainant. Subsequent enquiries into the matter
    were made and the findings were made;
    Engagement into the PNGDF is reviewed after two
    years continuous service. Once a re-engagement The total mortgage selling price of the property was
    evaluation is done, the PNGDF makes a decision K22, 940.00.
    whether to retain a member or discharge him based The property was originally described as Section H,
    on the evaluation report. In this case, the PNGDF did Allotment 01 – (A) and it was sub – divided into three
    not re-engage the complainant based on the evalua- separate allotments. The property described as Sec-
    tion report and the history of offences he had com- tion 507, Allotment 16 is a sub-division of the above
    mitted. The complainant had been warned in the last exercise.
    disciplinary proceedings against him that he would be
    That on 06 December 2013, complainant was advised
    discharged. The Ombudsman Commission therefore
    that he had received his Owners Copy of the title to the
    concluded that the decision of the PNGDF not to re-
    property.
    tain him was an administrative decision and was justi-
    fied. The verification process conducted between 03 January
    2011 and February 2012 confirmed that the proce-
    In regard to the question whether correct procedures
    dures in subdividing the original property into three
    were followed in his discharge, the investigation
    allotments were proper and the non-transfer of the
    found that the Commanding Officer did not follow
    property title to the complainants was improper and
    the process stipulated in the MPA. The MPA requires
    unfair when all requirements were complied with.
    retention evaluations to be done three months prior
    to the due date. In this case the complainant’s en- This long delay was caused by the NHC due to its in-
    gagement expired in February and his retention eval- competence in handling the matter. The title has now
    uation was done in October. He was not given notice been granted to the complainant on 06 December
    as required by the MPA. This finding was referred to 2013 which he confirmed when contacted by tele-
    the PNGDF to ensure in future procedures were fol- phone.
    lowed.

    7. COMPLAINT AGAINST VANIMO GENERAL HOSPITAL BOARD
    This was a full investigation into a complaint about the decision of the Vanimo General Hospital Board to award as a
    parting gift, a motor vehicle owned by the Hospital to the outgoing Chief Executive Officer (CEO) of the Hospital. The Public
    Hospital Act 1994 requires Hospital Boards to acquire and dispose of assets in compliance with the requirements of the
    Public Finances (Management) Act.
    The investigation by the Ombudsman Commission found that the Board made the decision to award the vehicle as a gift in
    recognition of the outgoing CEO’s purportedly outstanding performance. This was based on a submission by the then
    Chairperson of the Board who is now deceased. The investigation found that the Board did not seek proper advice before
    making the decision. In the opinion of the Board the Chairperson (deceased) had sought appropriate advice before making
    the submission therefore approved it. The Ombudsman Commission found that the decision was in breach of the Public
    Hospital Act and the Public Finances (Management) Act.

    Progress Against Key Result Areas Page 15

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    8. OI AGAINST MADANG PROVINCIAL ADMINISTRATION
    This is an Own Initiative investigation into an allegation of improper appointment of board members to the Madang Provin-
    cial Education Board (MPEB). The allegation was made against the Provincial Education Advisor (PEA), the Department of
    Education (DoE) and the Minister for Education.
    The investigation was to determine whether the appointment procedures stipulated in the Education Act were correctly
    followed in the appointment of board members. The investigation found that correct procedures were followed by the
    Provincial Administration and the Provincial Education Advisor who made recommendations to the Minister for Education
    to make appointments.

    9. CONVICTIONS – MADANG PROVINCE 10. COMMITTAL COURT – ORO PROVINCE
    Three Reservists were charged for unlawful assault, discharging of Three separate wilful murder cases by
    firearms, possession of unlicensed firearms and possession of fire- Popondetta Police using firearms have been
    arms while under liquor under the Police Oversight arrangement. investigated through the Police Oversight
    The Madang District Court found them guilty and ordered them to arrangement in Oro Province. A total of
    pay K10, 000.00 each to the victims of human rights abuses and three regular Police Force members and a
    K100.00 each court fine. The court further ordered that the unli- Reservist have been arrested and criminally
    censed firearm used in the illegal raid to be destroyed and the ve- charged and committed by Popondetta Com-
    hicle impounded sold. Furthermore, the Madang National Court in mittal Court for Trial in the National Court.
    2013 sentenced the Commander of Task Force to two years jail for The suspect Police Force members are
    unlawful shooting that caused grievous bodily harm to a grade nine awaiting National Court Trial.
    student in one of the high schools in Madang Province.

    11. COMMITTAL COURT – ENGA PROVINCE
    Three high profile cases have also been investigated in Enga Province under the Police Oversight arrangement. These in-
    clude wilful murder, rape and sexual harassment cases. Two Mobile Squad members and a Mobile Squad Unit Commander
    have been arrested and charged for wilful murder of a young man without any justification. Another Mobile Squad member
    was arrested and charged for raping a young girl and the same mobile Squad Unit Commander was arrested and charged
    for sexually harassing a female Police officer. The Police officers involved in the three offences have all been committed for
    mention and trial in the Committal Court.

    Progress Against Key Result Areas Page 16

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    Annual Statements Assessment

    Section 4 of the Organic Law on the Duties and Responsibilities of Leadership states that a leader must submit
    his or her Annual Statement within three months after becoming a person to whom the Leadership Code
    applies.

    Figure 8 Percentage of Annual Statements issued and received from various categories of Leaders

    Annual Statements turnover

    7%
    8%
    Annual Statement received in 3
    months
    Annual Statement received after 3
    months
    85% Annual Statements not received or
    submitted

    Members of Parliament Department Heads
    120 20
    18
    100
    16
    14
    80 Annual Statement received in 3 Annual Statement received in 3
    months 12 months
    60 Annual Statement received after 3 10 Annual Statement received after 3
    months months
    8
    40 Annual Statements not received or Annual Statements not received or
    6
    submitted submitted
    4
    20
    2
    0 0
    MPs Department Heads

    Overseas Mission Heads
    Statutory Authorities
    9
    16
    8
    14
    7
    12
    6 Annual Statement received in 3
    months 10
    5
    Annual Statement received after 3 8
    4 months CEOs

    3 Annual Statements not received or 6 Board Chairman
    submitted
    2 4

    1 2

    0 0
    Overseas Mission Heads Annual Statement received Annual Statement received Annual Statements not
    in 3 months after 3 months received or submitted

    Provincial Administrators ABG
    25
    14

    12 20
    10 Annual Statement
    Annual Statement received in 3
    received in 3 months 15 months
    8
    Annual Statement Annual Statement received after 3
    6 received after 3 months months
    10
    4 Annual Statements not received or
    Annual Statements not
    submitted
    received or submitted 5
    2

    0
    0
    Provincial Administrators
    ABG

    Progress Against Key Result Areas Page 17

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    Other statutory bodies

    40
    35
    Annual Statement received in 3
    30 months
    25 Annual Statement received after 3
    20 months

    15 Annual Statements not received or
    submitted
    10
    5
    0
    Other statutory bodies

    A total of 309 Annual Statements were issued to the leaders in 2013. Out of the 309 Annual Statements is-
    sued to the leaders, 257 were returned to the Commission within the three months required period of time
    for the Statements to be returned. Twenty three (23) were returned after the required three-month grace
    period. By 31 December 2013, 21 Annual Statements were still not received from the leaders for the year.
    The late and non-submission of Annual Statement by leaders represents 14.24 percent of Statements
    which were supposed to be received in 2013, which is quite low compared to 2012 which was 14.5 per-
    cent.

    The late submissions of Annual Statements were from leaders from other statutory bodies like the Nation-
    al Youth Commission, National Development Bank, and those that do not fall under the meaning of a
    ‘statutory authority’ which comprised nine (9) late submissions. Whilst leaders from the Autonomous Re-
    gion of Bougainville House of Representatives pose the highest number of leaders who failed to submit
    their Annual Statements.

    Late and non-submission of Annual Statements by leaders shows that the leaders may be treating the An-
    nual Statements as a trivial matter and insignificant when these are really of equal importance as other
    breaches of the Leadership Code. Annual Statements submitted by the leaders speak volumes of them-
    selves, their conduct and leadership and governance in terms of transparency, accountability and integri-
    ty. Above all their true state of affairs for the 12 months whilst remaining a leader.

    The Commission’s experience with the Annual Statements in 2013 is almost similar to that of 2012. Statis-
    tics for both 2012 and 2013 indicates that many leaders are not consulting the Commission in seeking as-
    sistance to complete their Annual Statements within the grace period allowed by Law.

    Leadership Code Compliance
    In 2013, there were 146 cases carried over from the previous year and there were 242 complaints investi-
    gated. Of the 242 cases, 96 were new cases. 98 were completed and closed and there were 14 full reports
    produced with draft Right To Be Heard (RTBH). By the end of the year, 144 cases were still outstanding
    hence they were carried forward to 2014.

    The four (4) main categories of allegations were;
     misappropriation,
     personal gain,
     abuse of power and
     integrity issues.

    Progress Against Key Result Areas Page 18

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    Constitutional Compliance, Litigation & Legislative Reform

    The Office of Counsel deals with all legal and advisory matters that come before the Ombudsman Com-
    mission.

    In 2013, the Ombudsman Commission issued only one (1) Right To Be Heard (RTBH).
    RTBH is basically to give the leader in writing the allegations alleged against him and to afford him that
    opportunity to respond to those allegations. This is to ensure that a leader is given a fair opportunity to
    state his reasons in respect of the allegations and that fairness is accorded in respect of the law.

    Leadership Tribunals
    There were two (2) leaders referred to the Public Prosecutor for the breach of Section 4 (6) of the Constitu-
    tion and Section 27 on the Organic Law on Duties and Responsibilities of Leadership. A leadership Tribunal
    was set up for one of the leaders referred.

    The leaders brought before the Tribunal were charged for breach of Section 27 of the Constitution and Sec-
    tion 4 (6) and Section 23 of the Organic Law on Duties and Responsibilities of Leadership.

    Advisory Matters
    The Commission through the Office of Counsel continues to provide advisory services both internally and
    to its external stakeholders. This year the Commission provided 104 internal advice and 185 were distrib-
    uted to the external stakeholders.

    Court Proceedings
    In 2013, the Commission continued to be involved in a wide range of court proceedings including the reg-
    istration of one fresh case. The Commission was involved in three (3) court proceedings carried over from
    the previous years. Of those cases, two (2) relate to referral of leaders while one (1) relate to review of ad-
    ministrative decision of the Commission on employment.

    Special Projects
    The Office of Counsel was engaged in the Legislative Review of the OC legislation which commenced in
    April 2013. This is one of the three impact projects of the Commission.

    The Legislative Review process was still on-going by the end of the year.

    Progress Against Key Result Areas Page 19

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    Corporate Capacity Development and Governance

    Recruitment and Selection
    The Commission continue to encounter difficulties in filling vacancies carried over from previous years
    and those created by officers leaving or appointed on promotion within its establishment of 146.

    The Commission’s inability to attract and retain suitably qualified people due to its uncompetitive remu-
    neration and terms and conditions of employment compared to those offered in the external labour mar-
    ket. The delay in the appointment of a Chief Ombudsman since May 2012 through to the first half of 2013
    compounded the Commission’s predicament in convening Commission meetings to make constitutional
    and administrative decisions, including recruitment matters.

    The appointment of the Chief Ombudsman in July 2013 was a relief to the Commission to hold meetings
    to deal with constitutional and administrative matters including recruitment and approving the improved
    terms and conditions for officers in the Service of the Commission.

    With the new improved and better terms and conditions of employment the Commission has equal com-
    petitive advantage to recruit and retain qualified and experienced officers and provided an optimistic cat-
    alyst for the Commission in its recruitment drive in the second half of 2013 and the preceding years.

    Figure 9 below shows the establishment as at 1 January 2013 to 31 December 2013. The year began with a
    staff strength of 95 and 51 vacancies and experiencing fluctuations during the year attributed to two (2)
    new intakes and four (4) officers leaving employment.

    The year closed with a staff-strength of 92 and 53 vacancies at the end of the year.

    No recruitment has been done to fill nine (9) vacancies in the two (2) new Regional Offices of the Autono-
    mous Region of Bougainville and Southern Region due to the absence of physical infrastructures arising
    from the technical difficulties of setting up the operations of the respective offices.

    Staff establishment

    150

    Total establishment
    No. of officers

    100 Staff on strength
    Total vacancies
    50
    New Intakes
    Resignation
    0
    J Terminations
    F M A M J J Death
    A S O N D
    Months

    Progress Against Key Result Areas Page 20

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    Learning and Development
    The Commission has always seriously focused on building its workforce capacity to enable officers to ac-
    quire the necessary competency skills to add value in their work.

    The annual learning and development plan/calendar provides details of relevant competency based, tech-
    nical, soft skills and career development programs for officers. These corporate, technical and career de-
    velopment skill needs are identified through annual performance appraisals as an integral part of the per-
    formance management process in the Commission. An annual learning and development plan/calendar is
    developed and implemented after conducting a training need analysis based on the Commission’s priori-
    ties and business needs creditable and reputable registered training institutions or education agencies
    both in -country and overseas.

    In 2013 a budget of K1, 067, 500.00 was allocated to implement the learning and development programs
    for officers throughout the year.

    However due to the delay and uncertainty in the appointment of a Chief Ombudsman in the first six
    months of the year, an annual learning and development plan/calendar was not developed for implemen-
    tation.

    In the midst of this uncertainty, the Human Resource Unit took an initiative to progressing a three-year
    medium term development plan.

    Training activities both in-country and overseas during the year were facilitated and delivered on an ad
    hoc basis based on Commission priorities and business needs.

    From the budget of K1, 067, 500.00, K442, 115.00 was expended or committed to facilitate these ad hoc
    training activities as and when available.

    Figure 10 below shows the number of programs undertaken in-country and overseas and attendance by
    gender and the level of positions on the establishment. A total of 50 officers and an executive participated
    in the programs which comprised of 37 males and 22 females and addressed the skill deficiencies at all
    levels.

    Senior Middle Lower
    Programs In-country Overseas Males Females Exec
    Mgnt Mgnt Level
    Corporate

    Technical /Specialist 53 8 33 19 1 3 20 29

    Career Development 6 3 3 2 1 3

    Total 59 8 36 22 1 5 21 32

    Progress Against Key Result Areas Page 21

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    Figure 11 below shows the number of reputable and creditable training institutions engaged by the Com-
    mission to deliver training for staff. A total of 14 training institutions in-country and overseas were en-
    gaged and most of which have been associated with the Commission over the years based on their history
    of creditability and deliverance of quality training.

    Institutions No of programs In-country Overseas Location No of officers
    conducted
    Divine Word University 2 PNG Madang 3

    University of Papua New Guinea 2 PNG Port Moresby 2
    Communication Arts Professional
    1 PNG Port Moresby 2
    Association
    PNG Human Resource Institute 4 PNG Port Moresby 4
    PNG Australia Law & Justice Part-
    1 PNG Port Moresby 1
    nership & IEA College of TAFE
    Olygen PTE Ltd 2 PNG Port Moresby 3
    Information Systems Audit & Con-
    trol Association (ISACA) PNG 1 PNG Port Moresby 4
    Chapter
    Institute of Internal Auditors (PNG
    1 PNG Port Moresby 1
    Chapter)
    Ombudsman Commission & Com-
    2 PNG Port Moresby 32
    monwealth Ombudsman
    CPA PNG & CPA Australia 1 PNG Port Moresby 4
    Information Systems Audit & Con-
    trol Association (ISACA) Oceania 2 Australia Sydney 4
    Chapter
    International Ombudsman/Thai
    1 Bangkok 1
    Ombudsman
    Commonwealth Secretariat 1 Australia Sydney 1
    Malaysian Anti-Corruption Acade-
    1 Malaysia Kuala Lumpur 1
    my

    Twinning Program
    Twinning program is a capacity building exchange program between the Ombudsman Commission of
    Papua New Guinea and Commonwealth Ombudsman Office, Australia and has been in operation since
    2006. This is a Development Budget Activity fully funded by AusAid through the Law and Justice Sector
    Program and has been a success over the years.

    The twinning program’s original purpose was focused on addressing capacity building skill needs for the
    operational divisions of the Commission including Complaints & Administrative Investigations, Leader-
    ship and Regions & External Relations.

    The agreed activities delivered were three (3) long term placements for the main operations divisions and
    four (4) short term placements , three (3) of which have been extended to addressing the capacity needs in
    the service departments of the Commission.

    There were two (2) one month placements in Human Resources and Policy & Planning, management ori-
    entation and short term placements from the Commonwealth Ombudsman Office to assist set up the tele-
    phone Toll Free Service.

    Despite the challenges, most programs were implemented according to the activity implementation
    schedule and those that were not implemented were due to unforeseen causes and circumstances beyond

    Progress Against Key Result Areas Page 22

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  • 2013 Annual Report

    both institutions’ control.

    Figure 12 Number of programs implemented

    Placement Host
    Location Duration Date Male Female Total
    Program Institution
    CO Short Term Ombudsman
    Port Moresby 3 weeks 11.08.2013 to 31.08.2013 1 1 2
    Placement Commission
    CO Short Term Ombudsman
    Port Moresby 1 week 08.09.2013 to 14.09.2013 1 1
    Placement Commission
    1 week
    CO Management Ombudsman
    Port Moresby 15.09.2013 to 20.09.2013 2 1 3
    Orientation Commission
    2 weeks

    OC Long Term Commonwealth
    Canberra 8 weeks 15.09.2013 to 16.11.2013 1 1
    Placement (CAID) Ombudsman

    OC Long Term
    Commonwealth
    Placement Canberra 8 weeks 15.09.2013 to 16.11.2013 1 1
    Ombudsman
    (Leadership)
    OC Management Commonwealth
    Canberra 1 week 07.10.2013 to 11.10.2013 2 2
    Orientation Ombudsman
    CO Short Term
    Placement & Course
    Ombudsman
    Facilitator for Inves- Port Moresby 3 weeks 17.11.2013 to 07.12.2013 1 1
    Commission
    tigations Training
    Course for CAID
    CO Course Facilita-
    tor for Financial
    Ombudsman
    Investigations Port Moresby 1 week 25.11.2013 to 29.11.2013 1 1
    Commission
    Training for Leader-
    ship

    OC officers including officers from the Public Service Commission
    flank around the investigation training facilitator Simon Bonny
    (2nd right) from the Commonwealth Ombudsman, Joseph Molita
    – Director Complaints Division and Ombudsman John Nero.

    Progress Against Key Result Areas Page 23

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    Information Technology Development

    Information Technology (IT) continued to maintain and improve IT efficiency through effective service
    delivery through alignment of its assets and resources completed major IT infrastructure upgrade pro-
    ject carried forward from 2012.

    IT focus was on maintaining the current IT operations and replacement of obsolete assets.

    Major Projects in 2013 accomplished were;
     Replacement of 40KVA UPS with a new one
     IT infrastructure upgrade

    The replacement of 40KVA UPS was the only major project planned and implemented successfully on
    time within the same year. The establishment of conducive work environment in IT with reliable pow-
    er to protect asset; ensuring assets are always fit for purpose delivering high system availability to OC
    operations.

    The IT infrastructure upgrade involved the replacement of obsolete IT hardware and upgrade of new
    software licenses. This project was initially planned in 2012 but was carried forward to 2013 and impar-
    tially implemented. It is anticipated that it will be completed by mid-2014.

    In 2005 and pre-ceding years, IT projects were co-funded with donor agencies such as Aus-aid. Given
    the significance of IT service in enabling the work operations of the institution, OC invested in IT pro-
    jects in anticipation to receive value for money. The benefits of its investment will soon be realised af-
    ter 2014 as IT tools become available and play a pivotal role in core service delivery of OC.

    IT Manager giving an
    update on IT Projects
    during the quarterly
    performance
    management review
    meetings.

    Progress Against Key Result Areas Page 24

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    Budget Compliance

    The Ombudsman Commission continues to effectively monitor all expenditure and other financial
    matters through its Finance Unit. The unit provides accurate and updated information in relation to
    the Commission’s financial position.

    It ensures that all requirements of the Public Finances (Management) Act and other relevant legisla-
    tions are complied with.

    Annual Budget and Reports
    As part of the public body, the Ombudsman Commission is required to submit its annual budget
    estimates consistent with the budget ceiling provided by Department of Treasury.

    In 2013, the Ombudsman Commission received a budget ceiling of K 18.1m. The budget was the
    same as the 2012 budget. The budget ceiling is usually increased by 5% But this was not the case in
    the 2013 financial year.

    However, despite the minimal increase in the budget allocation, the Commission’s spending of its
    appropriation is consistent with GoPNG requirements in meeting its obligation, and the annual
    business plan for the year 2013.

    The Commission’s funding is dictated by the Government of the day. We can proudly admit that
    despite minimal or zero increase in budget allocation, we are reasonably satisfied in our perfor-
    mance and achievement of the Key Performance Indicators during the reporting year.

    Figure 13 Budget allocated to the Commission

    Budget allocation over 3 years

    K18,200,000

    K18,000,000
    2011
    K17,800,000
    2012
    K17,600,000 2013

    K17,400,000

    K17,200,000
    Year

    Progress Against Key Result Areas Page 25

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    Quarterly Reports
    As a mandatory requirement by GoPNG, Ombudsman Commission is required by law to provide
    quarterly finance and performance reports to the GoPNG through Department of Treasury. The
    Commission has complied with these requirements and provided its quarterly reports on a timely
    manner during the year.

    Figure 14 The table below illustrates when Commission’s 2013 quarterly reports were submitted.

    Period
    Quarter Date Submitted
    From To
    1st 01 January 2013 31 March 2013 30 April 2014
    2nd 01 April 2013 30 June 2013 27 July 2014
    rd
    3 01 July 2013 30 September 2013 15 October 2014

    On the overall, the Commission is committed to pursuit of excellence in its performance through
    responsible and transparent decision making process and can be held accountable for its own ac-
    tions and decisions.

    Progress Against Key Result Areas Page 26

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    CHALLENGES FOR THE YEAR

    The Ombudsman Commission of Papua New Guinea encountered a lot of challenges in 2013 as a result of
    the transition in the higher management level. Most of the senior management positions were not substan-
    tively occupied as a result of chain reaction effects which trickled down from lack of quorum at the MOC
    level.

    There were notable challenges that the Commission encountered in the first six months (January – June of
    2013) which was apparent when the new Chief Ombudsman was appointed on 2 July 2013.
    Some of the notable challenges were;

     MOC Quorum: Lack of quorum at the MOC level in the first six months of the calendar year 2013
    resulted in the delay in the decision making process.

     Retrenchment Exercise: The carryover of the retrenchment exercise that was one of the challenges
    that dragged on until the end of the year when it was eventually addressed.

     OCPNG T&C: Delay in approval of the Terms and Conditions of Employment which was ad-
    dressed at the end of the year however the challenges in efficiently and effectively managing the
    new Terms and Conditions continue to be a challenge.

     Recruitment, Selection, Contract and Training: Lack of training for the Commission Officers and
    the workload which emanated as a result of lack of manpower at HR unit with overwhelming de-
    mands to roll out its Recruitment, Selection and Training has been one of the great challenges to the
    Commission.

     National Issues: Since 2013 is a transitional period for the OCPNG most of the issues of national in-
    terest were not proactively approached due to in-house matters and the pursuit to internally strate-
    gize and improve on the Commissions service delivery.

     Internal Disciplinary Process: Internal disciplinary process is also a challenge as most of the disci-
    plinary matters were not dealt with instantaneously which affected the Commission’s performance.
    The most recent disciplinary matters were addressed towards the end of the year however most pre-
    vious matters are still outstanding.

     Outstanding Matters: The Commission tried its very best to address the previous matters that were
    delayed due to lack of quorum at the MOC level and the vacancies at the senior management. There
    were overwhelming matters over the last one and half years that the Commission tried to clear out
    within the six month period (July to December 2013) when the new Chief Ombudsman was appoint-
    ed.

     2013 National Budget: The government through the National Budget appropriated less than the re-
    quested amount hence some of the planned activities/projects of the Commission were not fully im-
    plemented in the 2013 financial year.

    Challenges for the Year Page 27

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    RECOMMENDATION FOR IMPROVEMENT

    Considering the Constitutional mandate the Commission has for its citizens, the Commission must en-
    deavour to continuously seek to improve its service delivery levels as well as mandated key performance
    outcomes. This is necessary so that high service delivery level is maintained through out in achieving the
    key performance outcomes with minimum constraints. In order that this is attainable, the following is rec-
    ommended;

     The formation of ‚Executive Management Committee (EMC)‛ chaired by the Secretary to the Com-
    mission be established ASAP and must immediately commence its role in performing its adminis-
    trative function in managing and making decisions.

     That all efforts be made to fill all vacant key positions in 2014 without much delay.

     The Commission to prioritise and review the current staff establishment and make necessary chang-
    es in line with Commission priorities with its Constitutional mandate and the Government’s 2050
    Vision.

     The Commission’s new ‚Terms and Conditions‛ on OC Manual be finalised quickly and approved
    for immediate adoption and implementation in restoring low staff moral and improve performance.

     Ensure establishment of mechanism in place so that policies and procedures are regularly reviewed
    to ensure their effectiveness.

     Review and strengthen the current and existing system to ensure that ‛ Public Feedback‛ is active
    and welcome all feedback, both compliments and complaints

     Ensuring that the public body learns lessons from complaint are taken note of and uses these to im-
    prove service delivery

     Identifying systemic problems and correcting them.

     Where systemic problems are identified, they should be corrected immediately without much delay

    Recommendation for improvement Page 28

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    FINANCIAL AUDITED REPORT

    Financial Audited Report Page 29

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    Financial Audited Report Page 30

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    Financial Audited Report Page 31

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    STATEMENT OF CASH RECEIPTS AND PAYMENTS
    FOR THE YEAR ENDED 31 DECEMBER 2013

    Financial Audited Report Page 32

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    NOTES TO AND FORMING THE FINANCIAL STATEMENTS
    FOR THE YEAR ENDED 31 DECEMBER 2013

    1

    Financial Audited Report Page 33

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  • 2013 Annual Report

    OMBUDSMAN COMMISSION OF PNG
    2013 ACCOUNTS
    NOTES TO FINANCIAL STATEMENT— continued

    2

    Financial Audited Report Page 34

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    OMBUDSMAN COMMISSION OF PNG
    2013 ACCOUNTS
    NOTES TO FINANCIAL STATEMENT— continued

    3

    Financial Audited Report Page 35

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    OMBUDSMAN COMMISSION OF PNG
    2013 ACCOUNTS
    NOTES TO FINANCIAL STATEMENT— continued

    4

    Financial Audited Report Page 36

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    OMBUDSMAN COMMISSION OF PNG
    2013 ACCOUNTS
    NOTES TO FINANCIAL STATEMENT— continued

    5

    Financial Audited Report Page 37

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    OMBUDSMAN COMMISSION OF PNG
    2013 ACCOUNTS
    NOTES TO FINANCIAL STATEMENT— continued

    6

    Financial Audited Report Page 38

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    OMBUDSMAN COMMISSION OF PNG
    2013 ACCOUNTS
    NOTES TO FINANCIAL STATEMENT— continued

    7

    Financial Audited Report Page 39

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  • 2013 Annual Report

    OMBUDSMAN COMMISSION OF PNG
    2013 ACCOUNTS
    NOTES TO FINANCIAL STATEMENT— continued

    End of Notes to and forming part of the Accounts for the Year Ended 31 December 2013, prepared in-accordance with
    the IFAC Cash Reporting Standard (in Kina)

    8

    Page 40

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    APENDICES

    Appendix I Major Reports produced by the Commission under Section 22 of the Organic
    Law on the Ombudsman Commission as at 31 December 2013 for the last 15
    years starting with the most recent.

    Date Published Name of Report

    2013

    Investigation Report into the conduct of Dr Nao Badu, Chairman and CEO of National Economic and Fiscal Com-
    June 2011
    mission

    Alleged improper dealings into the National Housing Corporation property – Section 119, Allotment 8 on Land Vol-
    April 2011
    ume 25 Folio 133 Saraga Street Boroko, National Capital District

    Investigation into the Department of Lands and Physical Planning rezoning, leasing and registering of the land title
    2010
    for section 31 allotment 03 Kimbe issued to Quiquing Trading Limited.

    Investigation report into the Alleged Unlawful and Abuse of Human rights by Police, Three Mile Guest House, Port
    2009
    Moresby, National Capital District

    2009 Investigation Report into the Julian Moti Affair

    Investigation Report into the Appointment and Conduct of Hamish Sharp in the National Maritime Safety Authority
    September 2009
    Board

    Investigation into Administrative Practice – Payment of public funds to officers for sick leave by a Government De-
    July 2006 partment.

    Investigation into the decision of the National Forest Board to award the Kamula Doso FMA to Wawoi Guavi Timber
    July 2002
    company (a subsidiary of Rimbunan Hijau) as an extension to Wawoi Guavi Timber Resource Permit – Final Report

    Investigation into the lease and proposed purchase of Malagan House, 99 Creek Street, Brisbane by the Independ-
    November 1999
    ent State of Papua New Guinea.

    Investigation into the Purchase of the Conservatory Cairns by Public Officers Superannuation Fund Board and as-
    November 1999
    sociates transactions and arrangements.

    Preliminary Investigation Report of allegation of unfair decision to award multi-million Ramu Highway Upgrading and
    November 1998
    Sealing contract to Downer Construction by NEC.

    March 1998 Report of an investigation into the illegal occupation of state leases in Bereina town Central Province CF: 198/94

    Appendices Page 41

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    Appendix II Leaders referred for prosecution by the Ombudsman Commission under the
    Leadership Code as at 31 December 2013 for the last 15 years starting with the
    most recent.

    No LEADER OFFICE YEAR RESULT

    Acting Chief Executive Officer, Cof-
    101 ANTON BENJAMIN 2013 Pending
    fee Industry Corporation

    Commissioner, Independent Con-
    100 BILLY MANOKA 2013 Pending
    sumer and Competition Commission

    Ombudsman and Member of the
    99 JOHN NERO 2012 Pending
    Commission
    Pending
    LINDA WANGU TAM- Commissioner and Member of the
    98 2011 Term expired and not considered for re-
    SEN Public Services Commission
    appointment
    Guilty of 9 out of 16 allegations. Allegation 2
    MP, Member for Kikori Open and
    to 8, Fine of K500 for each allegation and
    97 MARK MAIPAKAI Minister for Inter Government Rela- 2011
    allegation 16, fine of K1000. A total of K4500
    tions and District Development
    fine.
    Guilty of 11 out of 14 allegations and dis-
    96 FIDELIS SEMOSO MP, Regional Member Bougainville 2011
    missed from office in 2012.
    Secretary, Department of National Guilty of 5 allegations. Fine of K1000 each
    95 JOSEPH LELANG 2011
    Planning & Monitoring allegation. A total of K5000.
    Secretary, Department of Mineral
    Pending – Term expired and not considered
    94 NELLY JAMES Resource and Geo-hazards Manage- 2010
    for re-appointment
    ment
    President, East Yangoru Local-level Pending – Lost office in 2013 Local-level
    93 ROBERT HOWEN 2010
    Government, East Sepik Province Government Elections
    Pending. Matter before the National Court for
    RICHARD CHARLES Commissioner of Correctional Ser-
    92 2009 judicial review. Term expired and not consid-
    SIKANI vices
    ered for re-appointment
    MP, Member for Aitape-Lumi Open
    Pending. Tribunal appointed but restrained
    91 PATRICK PRUAITCH and Minister for Treasury and Fi- 2009
    due to Court challenge.
    nance
    SIR MICHAEL Member, East Sepik Provincial, As-
    90 sembly and Prime Minister 2008 Pending appointment of Leadership Tribunal
    SOMARE

    89 TOM TOMIAPE MP, member for Tari Open 2007 Lost office in election
    ROBINSON SIRAM- Provincial Administrator, New Ireland Pending. Term expired and not considered
    88 2007
    BAT Province for appointment
    Chairman, Public Services Commis-
    87 JERRY TETAGA 2006 Pending
    sion
    Chief Executive Officer, Papua New
    Guinea Radio communications and
    86 CHARLES PUNAHA 2006 Pending
    Telecommunications Technical Au-
    thority (“PANGTEL”)
    MP, Governor of Southern Highlands
    85 HAMI YAWARI 2006 Pending
    Province
    MPA, member of Madang Provincial
    84 FRED MALIUPA Assembly and President, Usino Local 2006 Pending
    -level Government

    Appendices Page 42

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    Continued…

    83 JOHN MUINGNEPE MP, member for Bulolo Open 2006 Pending

    MP, Deputy Prime Minister and Min-
    82 SIR MOI AVEI 2006 Presently before a Leadership Tribunal.
    ister for Mining

    81 MELCHIOR PEP MP, Minister for Health 2006 Pending

    MP, minister for Planning & Monitor-
    80 ARTHUR SOMARE 2006 Pending
    ing

    79 GUAO ZURENUOC MP, member for Finchaffen Open 2006 Pending

    78 CHRIS HAIVETA MP, Governor of Gulf Province 2006 Pending.
    Guilty of 3 out of 5 allegations. Recommend-
    77 ANDREW BAING MP, Deputy Leader of the Opposition 2005
    ed for dismissal on 20.12.06
    Disqualified by virtue of Section 103(3)(c) Constitu-
    76 JAMES YALI MP, Governor of Madang Province 2005
    tion
    Guilty of 4 out of 6 allegations. Fine of
    MP, Minister for Lands & Physical
    75 PUKA TEMU 2005 K1000 each..
    Planning
    Clerk of the National Parliament.
    Term as Clerk expired. Assumed leadership
    After his term expired, Mr Pala as-
    74 ANO PALA ISO 2005 role as member of Parliament. Pending.
    sumed leadership role as member for
    Rigo Open in 2007 national election
    73 GABRIEL KAPRIS MP, Minister for Works 2005 Guilty of 2 out of 2 allegations and fined K2,000
    Guilty of 19 allegations. Recommended for dis-
    CHARLIE BENJAMIN MP, member for Manus Open 2005
    72 missal on 15.01.07
    Guilty of 4 out of 6 allegations. Recommended for
    71 GALLUS YUMBUI MP, member for Wosera-Gawi Open 2004
    dismissal on 02.03.07. Judicial Review pending.
    Guilty of 16 out of 23 allegations. Fine of K1000
    PETER IPATAS for each allegation. Public Prosecutor’s applica-
    MP, Governor of Enga Province 2004
    70 tion seeking leave for judicial review is still pend-
    ing
    Judge of the National Court and Su-
    69 MARK SEVUA 2004 Pending. Matter referred to JLSC on 12.09.08
    preme Court
    Tribunal disbanded due to lack of jurisdiction.
    68 RAHO HITOLO Ombudsman 2004
    Matter pending.

    Guilty –Judicial Review on payment of entitle-
    67 MARK WANI Auditor-General 2003
    ments successful.

    Managing Director, Mineral Re-
    Pending –Judicial review in National Court. Deci-
    66 DANIEL KAKARAYA sources Development Corporation 2003
    sion pending
    Ltd
    MP, member for Mendi Open, mem- Guilty – dismissed. Judicial Review application
    65 MICHAEL NALI ber Southern Highlands Provincial 2003 granted, tribunal decision quashed and matter
    Assembly referred for rehearing. Pending
    Managing Director, Public Officers
    64 CES IEWAGO 2003 Appointment revoked prior to request for tribunal
    Superannuation Fund
    Appointment expired after matter referred to tribu-
    63 REUBEN KAIULO Electoral Commissioner 2002
    nal

    Appendices Page 43

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    Continued…

    Chairman, National Gaming Control
    62 ALFRED DANIEL 2002 Appointment expired after request for tribunal
    Board

    61 MICHAEL NALI MP 2002 Guilty – fined

    MP; Minister for Finance, Planning
    ANDREW KUMBA-
    60 and Implementation and Rural Devel- 2002 Not guilty
    KOR
    opment
    59 THOMAS PELIKA MP; Deputy Leader of the Opposition 2002 Lost office in election

    58 JOHN TEKWIE MP 2002 Lost office in election

    57 YAUWE RIYONG MP 2002 Lost office in election

    56 IAIRO LASARO MP 2002 Lost office in election
    Guilty – dismissed – Applied for judicial review. On
    06/02,06 the Court considered that the breach of s.
    21(6) OLDRL did not result in any real and substan-
    tial injustice to Mr Zeming and declined to quash the
    tribunal’s findings and dismiss the application with
    55 MAO ZEMING MP 2002
    costs to the respondent, the State, who is the nomi-
    nal respondent representing the 1st, 2nd and 3rd
    respondents. Public Prosecutor is ordered to request
    the Chief Justice to appoint a Tribunal to inquire into
    the allegations again.
    54 BERNARD HAGORIA MP 2002 Guilty – dismissed

    53 PETER ARUL MP 2001 Resigned after appointment of tribunal

    MP; Minister for Corporatization and
    52 VINCENT AUALI 2001 Resigned after appointment of tribunal
    Privatisation
    MP; Governor, Southern Highlands Guilty – dismissed – judicial reviews unsuc-
    51 ANDERSON AGIRU 2001
    Province cessful.
    50 PETER WAIENG MP 2001 Resigned after appointment of tribunal
    MP; Governor, Eastern Highlands Guilty – dismissed – later reviewed by National Court
    49 PETI LAFANAMA 2001
    Province – decision on guilt affirmed but penalty altered to fine
    48 BEVAN TAMBI MP 2001 Resigned after appointment of tribunal

    47 JOHN KAMB MP; Minister for Communications 2001 Not guilty

    46 JACOB WAMA MP 2001 Resigned after appointment of tribunal
    Resigned after appointment of tribunal. Currently,
    President of Almami Local-level Government, Bogia,
    45 BERNARD MOLLOK MP 2001
    Madang Province. A position subject to the Leader-
    ship Code. Pending
    44 KUK KULI MP 2001 Resigned after appointment of tribunal

    43 JOHN WAKON Commissioner of Police 2000 Appointment revoked – judicial review of referral

    42 ANDERSON AGIRU MP; Governor, Southern Highlands 2000 Guilty – dismissed – judicial reviews unsuccessful

    Appendices Page 44

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    Continued…
    Guilty – dismissed – later reviewed by Supreme
    Court – decision on guilt affirmed but penalty altered
    41 PETER PEIPUL MP; Deputy Leader of the Opposition 2000
    to fine – slip rule application by Public Prosecutor
    rejected

    40 JIM KAS MP; Governor, Madang Province 2000 Guilty – dismissed – judicial review unsuccessful

    Secretary, Department of Attorney-
    39 MICHAEL GENE 2000 Appointment revoked prior to appointment of tribunal
    General; Attorney-General

    38 JERRY SINGIROK Commander of the Defence Force 1999 Guilty – dismissed – judicial review unsuccessful

    Appendices Page 45

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    Appendix III List of Government Bodies who are currently under the Ombudsman Com-
    mission’s Governmental Bodies Liaison Program

    NO ORGANISATION DATE JOINED

    Active Governmental Bodies
    1 Dept. of Education June. 2002
    2 Teaching Services Commission June. 2002
    3 Royal PNG Constabulary June. 2002
    4 PNG Defence Force June. 2002
    5 Correctional Service HQ June. 2002
    6 Bomana Metropolitan Gaol June.2002
    7 Simbu Provincial Administration June. 2003
    8 Post PNG Limited July. 2003
    9 Central Provincial Administration August. 2003
    10 NCD Commission November. 2003
    11 Enga Provincial Administration December. 2003
    12 Sandaun Provincial Administration September. 2004
    13 Oro Provincial Administration September. 2004
    14 Madang Provincial Administration March. 2005
    20 East New Britain Province Administration March. 2005
    21 Bougainville Autonomous Region Administration October. 2005
    15 Gulf Provincial Administration February. 2006
    16 Milne Bay Provincial Administration March. 2006
    17 WNB Provincial Administration September. 2006
    18 Port Moresby General Hospital June. 2008
    19 Dept. of Health October. 2008
    Non-active Governmental Bodies
    1 National Housing Corporation December. 2002
    2 Dept. of Lands & Physical Planning January. 2003
    3 Dept. of Personnel Management March. 2003
    4 Dept. of Foreign Affairs & Immigration April. 2003
    5 Dept. of Works June. 2003
    6 Electoral Commission of PNG June. 2003
    7 Magisterial Service HQ July. 2003
    8 PNG Forest Authority April. 2004
    9 Southern Highlands Provincial Administration June. 2004
    10 East Sepik Provincial Administration August. 2004
    11 WHP Provincial Administration November. 2004
    12 Manus Provincial Administration December. 2004

    Appendices Page 46

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    Continued…

    13 Western Provincial Administration March. 2005
    14 EHP Provincial Administration August. 2005
    15 National Broadcasting Corporation December. 2005
    16 Office of Workers Compensation May. 2006
    17 National Judicial & Staff Services September. 2006
    18 Dept. of Trade & Industry September. 2006
    19 Office of the Clerk of National Parliament September. 2006
    20 Dept. of Agriculture & Livestock September. 2006
    21 Dept. of Prime Minister & NEC September. 2006
    22 Dept. of Finance September. 2006
    23 National Intelligence Office September. 2006
    24 Morobe Provincial Administration November. 2009
    27 Telikom PNG January. 2010
    28 Public Service Commission April. 2010
    29 New Ireland Provincial Administration June. 2010

    Appendices Page 47

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    Appendix IV Former Members of the Commission

    Chronox Manek; LLB, LLM, OL Ila Geno Peter Masi Raho Hitolo; MBE
    Chief Ombudsman Chief Ombudsman Ombudsman Ombudsman
    01.08.08 – 01.10.12 01.01.01 – 01.07.08 23.05.01 – 03.05.07 06.01.99 – 05.01.05

    Simon Pentanu Ninchib Tetang Joe N. Waugla Jim Ridges
    Chief Ombudsman Ombudsman Ombudsman Ombudsman
    01.01.95 – 31.12.00 5.1.93 – 4.1.99 20.12.92 – 19.12.98 10.10.86 – 20.12.92

    Ango Wangatau Sir Charles Maino Jean L Kekedo; OBE Keith E. Anderson
    Ombudsman Chief Ombudsman Ombudsman Ombudsman
    23.6.86 – 31.12.92 5.1.85 – 31.12.94 1.3.82 – 8.10.86 19.11.80 – 10.12.84

    Sunny Cherian Andrew Opu Maino OBE Frank Hedges Sir Ignatius Kilage CBE
    Ombudsman Ombudsman Ombudsman Chief Ombudsman
    6.10.78 – 25.1.79 17.12.75 – 28.2.82 8.12.75 – 4.1.78 4.12.75 – 4.1.85

    Former Members of the Commission Page 48

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    Appendix V List of Abbreviations

    AMS – Asset Management System MPA – Manual of Personal Administration
    AusAid – Australian Aid MP – Member of Parliament
    BAC – Bachelor of Commerce MPEB – Madang Provincial Education Board
    BMA – Bachelors in Business Administration MOC – Members of Commission
    BPC – Budget Priority Committee NACS – National Aids Council Secretariat
    CAID – Complaints Administrative Investigation Division NDOE – National Department of Education
    CEO – Chief Executive Officer NEC – National Executive Council
    CBE – British Empire NHC – National Housing Corporation
    CMG – Companion of St Michael and St George NSL – Nambawan Super Limited
    CO – Commonwealth Ombudsman OBE – Order of British Empire
    CPI – Consumer Price Index OC – Ombudsman Commission
    DOE – Department of Education OCPNG – Ombudsman Commission of Papua New Guinea

    DSIP – District Services Improvement Project OLDRL – Organic Law on Duties and Responsibilities of
    Leadership
    EMC – Executive Management Committee OLOC – Organic Law on Ombudsman Commission
    GoPNG – Government of Papua New Guinea OWC – Office of Workers Compensation
    HQ – Headquarters PEA – Provincial Education Advisor
    IPSAS – International Public Sector Accounting Standards PEP – Public Education Program
    IT – Information Technology PNG – Papua New Guinea
    JDP – Joint District Project PNGDF – Papua New Guinea Defense Force
    KVA – Kilowatts Volts and Amps POA – Pacific Ombudsman Alliance

    LJSP – Law and Justice Sector Program PALJSP – Papua New Guinea and Australia Law and Justice
    Sector Program
    LLB – Bachelors in Law PANGTEL – Papua New Guinea Radio Communications and
    Telecommunications Technical Authority
    LLM – Masters in Law RESI – Rehabilitation of Educational Sector Infrastructure
    LTD – Limited RTBH – Right To Be Heard
    MBA – Masters in Business Administration T&C – Terms & Conditions
    MOC Members of the Commission UPS – Uninterrupted Power Supply

    List of Abbreviations Page 49

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    CONTACT DETAIL

    Head Office – Port Moresby Momase – Lae

    Ground Floor 3rd Flooor
    Deloitte Tower Vele Rumana Building
    Douglas Street 4th Street
    P. O Box 1831, PORT MORESBY 121 P. O Box 2259, LAE
    Papua New Guinea Morobe Province
    Papua New Guinea
    Telephone: (675) 320 3200
    Facsmile: (675) 320 3260
    Email: executive@ombudsman.gov.pg Telephone: (675) 472 2117/1797
    Facsmile: (675) 472 2755

    Highlands – Mt Hagen New Guinea Islands – Kokopo

    1st Floor Tropicana Building
    Agilta Kona Haus Tagigira Street, Section 6, Allotment 26
    Section 12, Allotment 26 P. O Box 359, KOKOPO 613
    P. O Box 745, MT. HAGEN East New Britain Province
    Western Highlands Province Papua New Guinea
    Papua New Guinea

    Telephone: (675) 982 8792/8795
    Telephone: (675) 542 1786/1986 Facsmile: (675) 982 8953
    Facsmile: (675) 542 2497

    Contact Details Page 50

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  • Ombudsman Commission of Papua New Guinea