Notices

1.0 JURISDICTION 

1.1 Authority 

The Papua New Guinea Parliament enacted the Digital Government Act 2022 (DGA) on 21 April 2022 and the DGA came into force on 8 August 2022. Pursuant to Section 5 of the DGA, the Departmental Head of the Department of Information and Communications Technology (DICT) is to administer the DGA.

 1.2 Notice 

This Notice is issued under Section 54 of the DGA whereby the Departmental Head of the DICT may issue Notices to support enforcement of the DGA. 

 2.0 APPLICATION

 2.1 Public bodies

 This Notice applies to a ‘public body’ within the meaning of the DGA. Under Section 2 of the DGA, a public body means: 

(a) any agency which is part of the state services established under Part VII and Part VIIA of the Constitution; and

 (b) any statutory body as defined under the Public Finances (Management) Act 1995; and

 (c) a Provincial Government or Local-level Government established under the Organic Law on Provincial Governments and Local-level Government,  but does not include a majority owned state-owned enterprise.

3.0 PURPOSE 

3.1 What is an ‘ICT Project Design’? 

Under Section 2 of the DGA, an ICT Project Design means an ICT Infrastructure plan of a public body to deliver digital government.

 3.2 Approval of an ICT Project Design requiring development budget funding from government or State-guaranteed funding Section 15 of the DGA applies to an ICT Project Design proposed by a public body where it requires: 

(a) development budget funding from the government; or

 (b) State-guaranteed funding. 

An ICT Project Design must comply with the Digital Government Plan formulated under section 10 of the DGA or the relevant ICT Sector plan, the ICT policies of the government and the DGA.

 3.3 Does the Papua New Guinea Planning and Monitoring Responsibility Act 2016 apply?

 Yes, Section 15(4) of the DGA provides that an approved ICT Project Design is deemed to form part of the National Planning Framework under the Papua New Guinea Planning and Monitoring Responsibility Act 2016 for funding consideration. 

3.4 Is a public body required to obtain a Certificate of Compliance from the DICT Departmental Head prior to complying with the Papua New Guinea Planning and
Monitoring Responsibility Act 2016? 

Yes, a public body must obtain a Certificate of Compliance from the DICT Departmental Head prior to complying with the Papua New Guinea Planning and Monitoring Responsibility Act 2016. This means that, on and after 8 August 2022, a public body that seeks development budget funding or State-guaranteed funding and that is not issued with a Certificate of Compliance by the DICT Departmental Head for an ICT Project Design shall not be considered for development budget funding or State-guaranteed funding.

 The head of a public body who fails to obtain a Certificate of Compliance before seeking
development budget funding or State-guaranteed funding commits an offence.

4. ENFORCEMENT

 Under Section 58(3) of the DGA, a person who fails to comply with a provision of the DGA for which no specific penalty is provided, is guilty of an offence. 

Upon conviction for the offence, a court may impose a penalty: 

 (a) in the case of an offence by a natural person, a fine not exceeding K5,000.00, or imprisonment for a period not exceeding 12 months, or both; and 

 (b) in the case of an offence by a body corporate, a fine not exceeding K10,000.00.

 For the purpose of this Notice, Section 59 of the DGA also applies.

  5.0 EFFECTIVE DATE 

This Notice is deemed to have taken effect on 8 August 2022. 6.0 HELP DESK Should you require further information, please send an email to helpdesk@ict.gov.pg

Download Signed Version

Notice 01/2022 – Notice in Relation to Certificate of Compliance for public Investment Program and State Guaranteed Funding for an ICT Project Design

1.0 JURISDICTION 

1.1 Authority 

The Papua New Guinea Parliament enacted the Digital Government Act 2022 (DGA) on 21 April 2022 and the DGA came into force on 8 August 2022. Pursuant to Section 5 of the DGA, the Departmental Head of the Department of Information and Communications
Technology (DICT) is to administer the DGA. 

1.2 Notice

 This Notice is issued under Section 54 of the DGA whereby the Departmental Head of the
DICT may issue Notices to support enforcement of the DGA.

 2.0 APPLICATION 

2.1 Public bodies 

This Notice applies to a ‘public body’ within the meaning of the DGA. Under Section 2 of the DGA, a public body means: 

(a) any agency which is part of the state services established under Part VII and Part VIIA of the Constitution; and

 (b) any statutory body as defined under the Public Finances (Management) Act 1995; and 

 (c) a Provincial Government or Local-level Government established under the Organic Law on Provincial Governments and Local-level Governments,

 but does not include a majority owned state-owned enterprise.

3.0 PURPOSE

 3.1 What is an ‘ICT Project Design’? 

Under Section 2 of the DGA, an ICT Project Design means an ICT Infrastructure plan of a public body to deliver digital government.

 3.2 Approval of an ICT Project Design for adoption or purchase

 Consistent with Section 14 of the DGA, a public body shall not adopt, purchase or use an ICT Project Design unless a request is made in writing to the DICT Departmental Head for approval of the ICT Project Design. A public body that intends to adopt, purchase or us an ICT Project Design shall obtain written approval from the DICT Departmental Head. On receipt of an approval request from a public body, the DICT Departmental Head must respond in writing to the public body within 30 days after the date of receipt of the request or within such period extended by the DICT Departmental Head in writing. 

The DICT Departmental Head shall approve or reject an ICT Project Design originating from a public body:

 (a) if the sum of the projected cost of the Project Design in a year is K5,000,000.00 or more, based on the recommendation of the Public Service ICT Steering Committee; or 

 (b) if the sum of the projected cost of the Project Design in a year is less than K500,000.00, based on his or her assessment of the Project Design. 

If the DICT Departmental Head approves the ICT Project Design, the DICT Departmental Head shall issue a Certificate of Compliance to the public body making the request within 10 working days after the date of the decision. If the DICT Departmental Head rejects the
ICT Project Design, the DICT Departmental Head shall issue a written notice of rejection to the public body within 10 working days after the date of the decision. If the decision is not communicated to the public body making the request within the required 10 working
days, the request is deemed to be rejected. 

3.3 Does the National Procurement Act 2018 apply? 

Yes, it does. Section 14(8) of the DGA makes it clear that section 14 of the DGA applies to the approval of an ICT Project Design before the procurement process under any law may take effect. A law would include the National Procurement Act 2018.

3.4 Is a public body required to obtain a Certificate of Compliance from the DICT Departmental Head before complying with a procurement process under any other law? 

Yes, a public body must obtain a Certificate of Compliance from the DICT Departmental Head prior to complying with a procurement process under any other law. This means that any procurement process for an ICT Project Design on or after 8 August 2022 requires a Certificate of Compliance from the DICT Departmental Head before any procurement process under any other law commences.

 4. ENFORCEMENT 

Under Section 58(3) of the DGA, a person who fails to comply with a provision of the DGA for which no specific penalty is provided, is guilty of an offence. Upon conviction for the offence, a court may impose a penalty:

 (a) In the case of an offence by a natural person, a fine not exceeding K5,000.00, or imprisonment for a period not exceeding 12 months, or both; and

 (b) In the case of an offence by a body corporate, a fine not exceeding K10,000.00. For the purpose of this Notice, the offence provisions under section 59 are applicable.

 5.0 EFFECTIVE DATE 

This Notice is deemed to have taken effect on 8 August 2022.

 6.0 HELP DESK 

Should you require further information, please send an email to helpdesk@ict.gov.pg 

Download Signed Version

Notice 02/2022 – Notice in Relation to the Approval of an ICT Project Design for Adoption or Purchase

1.0 JURISDICTION

1.1 Authority
The Papua New Guinea Parliament enacted the Digital Government Act 2022 (DGA) on 21 April 2022 and the DGA came into force on 8 August 2022. Pursuant to Section 5 of the DGA, the Departmental Head of the Department of Information and Communications Technology (DICT) is to administer the DGA.
1.2 Notice
This Notice is issued under Section 54 of the DGA whereby the Departmental Head of the DICT may issue Notices to support enforcement of the DGA.

2.0 APPLICATION
2.1 Public bodies

This Notice applies to a ‘public body’ within the meaning of the DGA. Under Section 2 of. the DGA, a public body means:
(a) any agency which is part of the state services established under Part VII and Part VIIA of the Constitution; and
(b) any statutory body as defined under the Public Finances (Management) Act 1995; and
(c) a Provincial Government or Local-level Government established under the Organic Law on Provincial Governments and Local-level Governments, but does not include a majority owned state-owned enterprise.

3.0 PURPOSE
3.1 Designation of Digital Transformation Officers

Under Section 9(1) of the DGA, it is mandatory for a public body to designate a Digital Transformation Officer for the purposes of the DGA. A public body is required to designate their Digital Transformation Officer before 8 August 2025.


3.2 What is a Digital Transformation Officer required to do?

Section 9(2) of the DGA lists the statutory functions of a Digital Transformation Officer and these are to:
• co-ordinate with the DICT and digital transformation matters; and
• facilitate integration and interoperability of the systems of the public body; and
• facilitate delivery of digital services by the public body; and
• manage the electronic data in the public body; and
• provide ICT reports and feedback on a quarterly basis to the DICT or as requested by the DICT Secretary.

3.3 If a public body does not have a Digital Transformation Officer, how can they comply?
Section 9(3) of the DGA makes it mandatory for the head of a public body in this situation to nominate an officer of the public body to perform the statutory functions of a Digital Transformation Officer until such time as a Digital Transformation Officer has been
designated.
3.4 I need help to perform my statutory functions. Will I receive support?
Yes. Section 9(4) of the DGA makes it mandatory for the DICT, in collaboration with other relevant agencies, to take all steps necessary to develop and ensure digital skills and digital government capacity building programs are available to Digital Transformation
Officers.

4. ENFORCEMENT

Under Section 58(3) of the DGA, a person who fails to comply with a provision of the DGA for which no specific penalty is provided, is guilty of an offence. Upon conviction for the offence, a court may impose a penalty:
(a) In the case of an offence by a natural person, a fine not exceeding K5,000.00, or
imprisonment for a period not exceeding 12 months, or both; and
(b) In the case of an offence by a body corporate, a fine not exceeding K10,000.00

For the purpose of this Notice, Section 59 of the DGA also applies. 

5.0 EFFECTIVE DATE
This Notice is deemed to have taken effect on 8 August 2022.
6.0 HELP DESK
Should you require further information, please send an email to helpdesk@ict.gov.pg

Download Signed Version

Notice 03/2022 – Notice in Relation to Digital Transformation Officers