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Frequently asked questions
Short answers to the questions readers ask most often, each linking to the article that deals with it properly.
These are general answers to general questions. They cannot tell you what to do in your situation, because that depends on facts this page knows nothing about. Treat them as orientation, then read the full article and get advice.
Police, arrest and criminal charges
The police have arrested me. What am I entitled to?
Section 42 of the Constitution requires that you be informed promptly, in a language you understand, of the reasons for the arrest and of any charge; that you be permitted to communicate without delay with a lawyer and with a relative or friend; and that you be brought before a court without delay. Section 37 gives you the protection of the law, including the presumption of innocence.
Do I have to answer police questions?
You cannot be compelled to give evidence against yourself. A caution should be administered before you are questioned about an offence, telling you that you do not have to say anything and that what you say may be used in evidence. Asking for a lawyer before answering cannot lawfully be held against you.
How long can I be held without being charged?
You must be brought before a court without delay. Prolonged detention without being brought before a court can be raised directly with the National Court under section 57 of the Constitution — and it does not require a formal application drafted by a lawyer. Record the exact date and time of arrest, because everything turns on that.
Can I get bail? Who decides?
Bail is a constitutional right under section 42(6), not a favour — you are entitled to it from arrest through to verdict “unless the interests of justice otherwise require”. Who decides depends on the charge: for wilful murder, murder, offences punishable by death, and certain offences where a firearm was involved, only the National or Supreme Court may grant bail. Otherwise a court can, and in some circumstances so can the officer-in-charge of a police station.
My bail was refused. Is that the end of it?
No. Bail can only be refused on one of the ten grounds in section 9 of the Bail Act, and the reasons must be given to you in writing at the time — ask for them before you leave. Section 13 then gives a right to apply again immediately: to a National Court judge after a magistrate refuses, and to the Supreme Court after a National Court judge refuses. That second application is a fresh application, not an appeal.
I have been asked to stand guarantor for someone’s bail. What am I risking?
You are undertaking to see that the person complies with their bail obligations, and you will either lodge money or undertake to pay the State an amount if they fail. The Act does protect you: the amount must take your financial means into account, no more than two guarantors may be required, your exposure cannot be increased without your consent, and if an order is made against you, you have 14 days to apply to have it varied or revoked.
What happens after someone is charged?
It depends on the offence. A summary offence is heard and decided by the District Court. A serious, indictable offence goes through a committal hearing in the District Court — which decides only whether there is enough evidence for trial, not guilt — and then to the National Court for trial.
Courts and claims
Which court do I go to?
Village Courts mediate local disputes and apply custom. District Courts handle smaller civil claims, summary offences and committals. The National Court is the main trial court with wide jurisdiction. The Supreme Court is the final court of appeal and interprets the Constitution. Start at the lowest court that can actually give you what you want.
Someone owes me money. How do I get it back?
Gather proof the debt exists, send a written demand with a deadline, then file in the court whose monetary limit covers the amount. The step people underestimate is enforcement: a judgment is a declaration that you are owed money, not the money itself. Before spending anything, ask honestly whether the debtor has assets you could actually recover from.
Is there a time limit on bringing a claim?
Yes. Limitation periods apply, and once one expires a claim can be defeated on that ground alone, regardless of its merits. Appeal periods are shorter still and run from the date of the decision, not from when you found out about it. If your matter is old, treat it as urgent.
Do I need a lawyer to go to court?
Not always. Village Courts are designed to work without lawyers, and people regularly appear for themselves in the District Court. For serious criminal charges and for National Court proceedings, representation matters a great deal. If you cannot afford a lawyer, the Office of the Public Solicitor is a constitutional office established to provide legal aid.
Land
Someone wants to buy our customary land. Can they?
Customary land is held by clans and kinship groups, not by individuals holding a title deed, and generally cannot simply be sold to an outsider. Dealings run through mechanisms such as an Incorporated Land Group, a lease–leaseback arrangement or voluntary registration, and they require the informed agreement of the landowning group.
Sections 53 and 54: property, compensation and customary land →
I paid someone for customary land. Is it mine?
Possibly not. Customary rights are held by a group, and a person with no authority from that group cannot give you a right that will survive a challenge, however genuine your payment was. This is the most expensive mistake made in PNG land dealings. Get independent legal advice before any further money moves.
What does a land title actually prove?
It records a State-granted interest — usually a lease for a term of years — along with its purpose, term and registered proprietor, and any encumbrances noted on it. It does not prove customary ownership, does not guarantee the boundaries match what is fenced on the ground, and does not defeat every allegation of fraud.
Work
My employer sacked me without notice. Is that lawful?
An employer may dismiss without notice only in the limited circumstances the Employment Act allows — broadly, serious misconduct. Otherwise, termination requires the notice your contract and the Act provide, or payment in lieu. Note that an employer terminating on proper notice is often not required to give a reason.
My employer has not paid my wages or entitlements. What can I do?
Raise it in writing with the employer first, keeping a copy. If that fails, complain to the Department of Labour and Industrial Relations, which deals with wage and entitlement complaints. A court claim for unpaid entitlements is also possible. Act quickly — time limits apply and records disappear.
What should be in my final pay?
Wages to your last day worked, payment in lieu of notice if notice was not worked out, accrued but untaken annual leave, outstanding overtime and allowances, any repatriation entitlement, and superannuation properly remitted. Ask for a written breakdown, item by item — errors are common.
Family and inheritance
Is a customary marriage a real marriage in law?
Yes. The Marriage Act recognises both customary marriage, made in accordance with the custom of the parties, and statutory marriage made before an authorised celebrant. Both are legally valid. The practical difference is proof: a customary marriage usually has no certificate, which matters later for estates, superannuation and maintenance claims.
I am being hurt at home. What protection is there?
The Family Protection Act 2013 made domestic violence a criminal offence and allows a court to make protection orders, including an Interim Protection Order that can be applied for urgently and made without the other person present. Police, District Courts, Family and Sexual Violence Units and Family Support Centres are all entry points.
My relative died without a will. What happens now?
Customary land and customary interests pass according to custom. Other property — bank accounts, vehicles, a State lease, superannuation, personal effects — is distributed under the law of succession, and someone must be appointed to administer the estate through letters of administration. Superannuation is often paid according to the deceased’s nomination rather than under the general law.
About the law itself
Is custom really law, or just tradition?
It is law. Custom is the foundation of the underlying law, and the Underlying Law Act 2000 directs the courts to look to custom first where no written law answers the question. Custom is not applied where it conflicts with the Constitution or a statute, or where applying it would be repugnant to the general principles of humanity.
What are the laws of Papua New Guinea? → · The underlying law and custom →
How do I check whether a law is still current?
Find the consolidated version of the Act, not the original. Check whether it has commenced — a passed and certified Act is not necessarily in force. Search for amending Acts. Then check whether the courts have interpreted it differently from how it reads.
Can you advise me on my problem?
No. This site publishes general legal information for public education. It does not give legal advice, does not take instructions and does not accept requests for legal representation. For advice on your own situation you need a lawyer — and if cost is the obstacle, start with the Office of the Public Solicitor.
Try the search, browse the topics, or suggest a subject for a future article. Questions readers ask often are the ones that get written up.