The main functions of the CLRC are to review the workings of the Constitution and the Organic Laws and the other laws with a view to their systematic development and reform. Section 12 of the Constitutional and Law Reform Commission Act sets out in detail the functions of the Constitutional and Law Reform Commission. Constitutional law references are issued by the Head of State acting on advice and references on other laws and issues are issued by the Minister for Justice.

The Commission in the exercise of its powers and functions is required by Section 13 of its Act to be guided by the fundamental principles and policies laid down by Parliament.

Terms of References

Since the establishment of the new Commission five terms of References have been issued to the Office.

1. Review of the Committal Proceedings – nationwide consultation trips were undertaken by the staff from the 16th of April 2007 to 28th of April. Seminar on the Draft Report was held to collect views from Lawyers in Port Moresby. Final Report in Press.

2. Review on the Indictable Offences Triable Summarily – this term of reference too was also taken on board together with the Review of the Committal Proceedings reference nationwide – the nationwide consultation trip and the draft report seminar were taken together with the TOR 1. Final Report in Press

Issues Papers and Drafts reports for the Terms of Reference One and two are available in the downloads page, which can be accessed from the 'downloads' link above.

3. Ex Parte Proceeding

This term of Reference is been currently looked at to raise issues on the how in civil litigation particularly where the State is a party, rules relating to matters being heard ex parte. Work on this Reference will commence in March 2008

4. Proof of Business and Electronic Records

This terms of Reference like of the TOR 3 is also been looked at to raise issues on how any relevant associated laws and practices should be modified to achieve reforms in relations to business records and electronic records and electronic communications (email).
Work on this Reference will commence in March 2008.

References three and four‘s consultation will begin in April.

5. Review of Incorporated Land Groups and Design of a system of voluntary customary land Registration

This term of reference was issued having regard to the recommendations of the National Land Development Task Force published in 2006 as National Research Institute Monograph 39 and various concerns which have been raised concerning abuse of the system of incorporated land groups.

A Draft Report has been released in November 2007 and a Seminar was conducted at the Granville Motel to gather views from the Land Groups and Lawyers. The Draft report for this TOR is also available on our website. The Final Report is now being worked on.

Final Reports for Terms of Reference One, Two and Five will be presented to Parliament via the National Executive Council

Other  Projects

1. Review on Administrative of Provincial Government and Local-Level Government. Preliminary work on this project commenced last year and working paper on the review will be published later this year.

2. Collective Management Organisations (CMO) Regulations to implement the Copyright and Neighbouring Rights Act 2000 in Collaboration with IPO PNG. A Discussion Paper on the Proposed CMO draft regulations is now being completed. IPO PNG and CLRC intend to hold a public consultation seminar to present this and engage in public consultation before the Draft Regulations are finalised.

3. Review of the Village Courts Act 1989. Our Mr Tau Kamuta is involved in this review that is undertaken by the Village Courts Secretariat of the Department of Justice and Attorney General.

4. Discussion Paper on Review of the Laws Relating to the use and regulation of Alcohol and Drugs. This is a new project arising from a recent CLRC Commissioners decision to issue a Discussion Paper on this topic. Work on this project has just commenced.

5. Discussion Paper a Cemeteries and such Burial Places. This again is a new project emanating from a recent CLRC Commissioners Decision to issue a Discussion Paper on this topic to raise public awareness. Work on this Paper has just commenced.