Job Description

Department of Personnel Management

Designation : Director -Legal & Investigations (Code- DPM 06-16)

Job Description / Responsibilities:

1.  IDENTIFICATION

AGENCY:

Department of Personnel Management

SYS. POSN. NO:

1490000047

REF. NO:

DPM 06-16

 

OFFICE:

Executive Resourcing Services

DESIGNATION/CLASSIFICATION: 

 Director Legal and Investigations, Grade 18

DIVISION:

Legal and Investigations

LOCAL DESIGNATION:

Director Legal and Investigations

BRANCH:

Legal and Investigations

REPORTING TO:  Deputy Secretary- Executive Resourcing Services

SYS. POS. NO:1490000279 REF. NO: DPM 01-20             

SECTION:

Legal and Investigations

LOCATION:

Central Government Office, Waigani

HISTORY OF POSITION

FILE REF.

DATE OF VARIATION

DETAILS

ORG: 1/2014

APPROVED 1/8/2014

Create – office of Secretary

ORG: 1/2015

APPROVED 27/7/2015

Reno, Revised JD

ORG: 1/2016

APPROVED 29/03/2016

Reno, Redes

ORG: 1/2019

APPROVED 02/07/2019

Reno, Redes, Revised JD and transferred to ERS Wing

Org: 1/2020

APPROVED 01/07/2020

No Change

Org: 1/2025

APPROVED 27/03/2025

Reno, Redes, Revised JD

2.   PURPOSE

To provide legal and investigations advice to the Office of Deputy Secretary, Executive Resourcing & Services (ERS), Office of Secretary, Office of Deputy Secretary, Policy & Reforms and Office of Deputy Secretary, HRAS&CA. In addition, providing legal opinions, representations and litigations of court matters in relation to the appointment, suspension and termination of Departmental Heads, Provincial Administrators and CEOs of Statutory Organizations and generally other public service matters.

To plan, organize, lead, supervise, manage and control the staff, programs and resources of the Legal and Investigations Directorate in alignment with the Department’s Corporate Plan, Management Action Plan (MAP) and Budgetary Allocations.

3.   DIMENSIONS

Financial Limit: K50,000.00

Staffing: 7

Supervises two (2) Branch Heads:

  • Principal Legal Officer, Gr.16
  • Manager, Investigations Grade 16

Others include assets (computers, printers, telephones)

4. PRINCIPAL ACCOUNTABILITIES

  1. Court appearances;
  2. Drafting Legal documents;
  3. Assess and advice stakeholders on Legal and Investigative matters, Decisions as well as personnel matters.
  4. Provide instructions for court matters;
  5. Assess disciplinary reports on allegations against heads of agencies provided by relevant authority;
  6. Facilitate investigations for agency heads.
  7. Prepare Reports, cabinet submission, legislative drafting, etc.
  8. Prepare Statement of Response on behalf of Secretary on relevant PSC matters.

5. MAJOR DUTIES

1.Plan, organize, lead, supervise, manage and control the work of legal and investigations into departmental heads, provincial administrators and head of statutory bodies, which include:

             a)Coordinate and execute investigations of departmental heads, provincial administrators and heads of statutory authorities as per directed by the National Executive Council (NEC) through the Secretary to the Chairman of the PSC.

             b)Prepare appropriate Reports on the findings to NEC for consideration.

            c)Make court appearances or liaise with Office of the Solicitor General for court matters against the Department.

            d)Supervise and oversee the work of the subordinates of the Directorate.

2.Check and correct submissions and advice on completed investigation, including correspondence from the Directorate are in order before signed by the Secretary or Minister for Public Service.

3.Prepare and present appropriate reports or briefs to the Secretary and Minister for   Public Service as required or directed.

4.Determine/assess investigations of alleged misconduct or mal-administration.

5.Ensure effective and efficient management of the activities and resources of the Directorate.

6.Ensure that investigations into allegation against Agency Heads are undertaken in a professional and timely manner.

7.Make court appearances.

8.Prepare all necessary court documents pertaining to a particular court matter.

9.Provide brief and status report for all court matters to Secretary and Minister for Public Service.

10.Provide reports to the Government, through National Executive Council on the investigation of relevant agency head.

11.Ensure that the core business and objectives relevant to the Directorate under Corporate Plan and the Management Action Plan are prioritized and implemented accordingly.

12.Good acquaintance, understanding and familiarity with Vision, Mission, Management & Corporate plans, Constitutional functions and statutory responsibilities of the Department are adhered to.

13.Planning of Division’s work programs & activities, and to provide inputs into the preparation of annual budgets estimates.

14.Preparation of the Annual Report of the Department by providing summative account of Directorate’s annual activities & operation.

15.Record and attend to all personnel matters including PSC Summons and PSC Decisions.

6.    NATURE AND SCOPE

The Legal and Investigations Directorate is one of the offices within the Department which reports directly to the Office of the Deputy Secretary for Executive Resourcing Services on the management and day to day operations of the key roles and responsibilities prescribed in the management, corporate and strategic plans of the Department. The core function of the Directorate is investigations into heads of agencies and managing all court matters. The Director reports directly to the Office of Deputy Secretary for Executive Resourcing Service and/or Secretary.

6.1 REPORTING AND WORKING RELATIONSHIP

(a) Internal

  1. Office of Secretary
  2. Office of Deputy Secretaries
  3. Directors and Executive Managers
  4. Managers and Staff of DPM.

(b)External

  1. Public Services Commission (PSC)
  2. Ombudsman Commission
  3. Lawyers (Both State lawyers and private lawyers)
  4. National Court Associates
  5. District Court Clerks
  6. Human Resources Managers to all other Government Agencies
  7. Private institutions and Non-Government Organizations for general advising and litigation relating to administrative decisions.

6.2       WORK ENVIRONMENT

The Director is responsible for both Litigation and investigation matters concerning heads of agencies and the Department. The legal and disciplinary actions are resulting from lack of compliance to rules and regulations governing the Public Service. Preparation of submission to NEC for deliberation and decisions.

7.      CONSTRAINTS FRAMEWORK AND BOUNDARIES

7.1 Rules and Procedures

Broad Knowledge of Public Service (Management) Act; the General Orders; the National Constitution; the Organic Law on Provincial and Local Level Government Act; Regulatory Statutory Authorities (Appointment to certain Officers Act, 2004), Public Service Regulations inclusively:

7.1 Rules and Procedures
  • PNG Constitution
  • Public Services Management Act, 1995 (as amended)
  • Organic Law on Provincial & Local Level Government
  •  Public Service Regulations
  • Employment Act, 1978
  • SCMC Act, 1988
  • Public Finance Management Act, 2016 and Financial Instructions
  • Public Hospitals Act,
  • Provincial health Authority Act,
  • Public Employment (Non-Citizen) Act,
  • Regulatory Statutory Authorities (Appointment to Certain Offices) Act, 2004
  • Industrial Relations Act,
  • Public Service General Orders (4th Edition)
  • Government systems and procedures
  • GESI Policy

7.2 Recommendations

Make recommendations to Office of Secretary through Office of Deputy Secretary, Executive Resourcing & Services on matters relating Legal and Investigations and inclusive of the following:

  • Highly professional investigation reports are prepared for the Secretary’s consideration and decision on allegation against agency heads;
  • Divisional work plan and budget;
  • Divisional reports;
  • Disciplinary actions for the staff of the division;
  • Staff personnel matters (Leave, Staff Performance Appraisals (SPA), etc)
  • Adequate resources (human resources, funding and facilities) for the Directorate;
  • Training and development plan for the staff of the Division.

7.3 Decision making ability
  • Makes decisions on staffing and management of Legal & Investigations Directorate.
  • Final submission for Secretary’s decision.

7.4 Behavioural values
  • Must conform to values in the Leadership Capability Framework and Public Service values.
  • Maintaining highly confidently information
  • Comply with PS Code of Business Conduct & Ethics

8.    CHALLENGES

  1. Correct advise is provided to the Office of Secretary and on a timely manner
  2. Lack of necessary resources available.
  3. Lack of staffing and skilled persons on the job
  4. Lack of corporation and response by relevant stakeholders.
  5. Delayed responses.
  6. Conflict of Interest and divulging confidential information

9.    QUALIFICATIONS, EXPERIENCES AND SKILLS

(a) Qualifications

  • Master’s Degree in Law from a recognized university and Practicing Certificate issued by PNG Law Society.

(b) Knowledge

Possesses a proficient level of knowledge on:

  1. Public Services (Management) Act, Public Services General Orders, Public Finance (Management) Act, Organic Law on Provincial and Local Level Governments, Public Service Regulations and their application;
  2. Department’s Vision, Mission, Functions, Capacity Building Plan (CBP), Management Action Plan, Corporate and Strategic plan;
  3. Good knowledge on administration of public service matters and Development Policies, Procedures and Systems, and their application;
  4. Sound knowledge of corporate planning and implementation;
  5. Good knowledge of Human Resources Assessments and Investigation Skills;
  6. Practice and procedures for all the relevant Courts of the Country;
  7. Computer literate.

(c) Skills

Must have the ability to demonstrate the following:

  1. Written and Oral (presentation) communication in English including good report writing skills
  2. Investigations, Assessments, Evaluation and reporting.
  3. Legal and legislative drafting
  4. Management and Leadership Qualities
  5. Analytical and research
  6. Industrial Relations and HRM
  7. Staff motivation and supervision
  8. Public relations and inter-personal

(d) Work Experience

  1.  Minimum of ten (10) years’ work experience in the executive leadership and managerial roles.
  2.  Seven to ten (7-10) years of legal practice (litigation or in-house) and investigations in the Government Departments and agencies.

 

Job Type:

Full Time

Language Requirements:

English

Salary(per annum):

K73138.00

Job Location:

Waigani

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