TERMS OF REFERENCE Partner Organization: Hela Provincial Government Position Title: Community Safety Adviser - Hela Province Start Date: 1st December 2014 Completion Date: 31st December 2015 Key Counterparts : Hela Deputy Provincial Administrator District & LLG affairs Director, Performance Monitoring and Coaching, DPLGA Reports to: PALJP-TP Team Leader through the Deputy Team Leader Community Safety GoPNG Provincial Head : Provincial Administrator or delegate Project Location: Hela Province Background: The Government of Australia (GoA) is providing support to the Papua New Guinea Law and Justice Sector through a cohesive whole-of-Government approach, including the PNG Australia Law and Justice Transition Program (PALJP-TP), the Strongim Gavman Program (SGP) and the PNG-Australia Policing Partnership (PAPP). This assistance is an important element of the shared goals of the GoA and the Government of Papua New Guinea (GoPNG). PALJP-TP is intended to provide complementary, flexible and responsive support that assists GoPNG to achieve measurable progress against its policies for law and justice reform, better access to justice and improved service delivery to the people of Papua New Guinea. A new design for GoA assistance to the sector and a new program of support will commence in late 2015 or early 2016, this assistance will focus on enabling better economic development through enhanced service delivery in the areas of community safety, stability and crime prevention. The core elements of the transition program include two key interrelated components: 1. “Community Justice” - to enhance community safety, stability and crime prevention; and provide greater access to justice for women and others vulnerable to family and sexual violence; 2. “Effective Legal Services” - to assist in expanding services and the state’s authority to the community; and to reduce levels of corruption in targeted agencies and provinces through strengthened systems for resistance, accountability, detection and enforcement. Primary responsibility for formal law and justice service delivery lays with national law and justice sector agencies that are responsible for delivering their own statutorily mandated functions. Although progress has been made, these national agencies are yet to achieve consistent and effective reach into provincial areas where most people live. Provincial governments have substantial authority for supporting the administration of justice, particularly the Village Courts as a primary source of justice for communities around the country. While most executive and judicial services are national functions under the NEC’s 2009 Determination, critical lower court, land, victim support, and other community stability efforts are within the legal mandate of provincial, district and local level governments and is supported by central government funds and provincial, district and local level service improvement grants. With this recognition, the GoA (through its former program PALJP) renewed linkages to GoPNG coordinating bodies at the national level and also focused on developing defined linkages to the provincial administrations responsible for managing PALJP-TP | Terms of Reference – Provincial Adviser Hela 1 TERMS OF REFERENCE service delivery in key areas. In order to make this system more effective, the GoPNG established the Provincial Local Level Service Monitoring Authority (PLLSMA), which has sectoral subcommittees including one for Law and Justice (The NCM). Some of these efforts significantly contribute to improving access to justice, while others may benefit from a more victim-centred approach. The GoA has provided extensive development support to provincial and local level governance, including programs linking provincial administration to national budget, audit and governance systems. Previous programming delivered its service by addressing four priority objectives; transition programming will continue this focus: To increase access to victim-centred restorative justice systems. To support the extension of efficient, respected land dispute resolution under current legislative and administrative systems to the community level. To contribute to increased security and stability in communities. To strengthen the operational, policy and administrative elements of the provincial governance structures to improve coordination and, as applicable, delivery of law and justice services. This technical assistance will leverage GoA whole-of-government and other international partner efforts across sectoral areas to improve law and justice service delivery at the community level. It will require significant efforts to coordinate with other donor partners and programs at national and local levels. This proposed technical assistance is supported by the National Coordinating Mechanism as GoPNG’s peak law and justice sector coordinating body, representing; National Judiciary & National Judicial Staff Service Magisterial Services Royal Papua New Guinea Constabulary Office of the Public Prosecutor Ombudsman Commission Department of Justice & Attorney General Correctional Service Office of the Public Solicitor And further supported by key entities including; The Village Court and Land Mediation Secretariat The Department of Provincial and Local Government Affairs The position is located in an area in which significant private sector investment is being focussed and will require close cooperation with business entities to leverage additional support in addressing community safety and stability. Objective: To provide support to the Provincial Government and other provincial actors to deliver and coordinate law and justice services more efficiently, effectively and equitably. PALJP-TP | Terms of Reference – Provincial Adviser Hela 2 TERMS OF REFERENCE Activities: Improve skill sets, including both administrative and technical areas, of provincial/local government and Civil Society Organisation (CSO) partners to provide or facilitate victim-centred restorative justice services, with particular emphasis on support to Village Courts. Support government and CSO efforts in the delivery of land dispute resolution using available legislative frameworks and administrative support structures which are closely aligned with traditional systems. Engage effective strategic business/government/community partnerships to develop and implement community stability and peace initiatives. Take lead responsibility under PALJP-TP to strengthen the ability of political and administrative units to fulfil coordination and direct service delivery obligations, including monitoring and evaluation, by engaging with business and private sector entities to pilot joint ventures. Selection Criteria: Essential 1. Capacity development Demonstrated experience delivering effective capacity development training that use a range of technically and culturally appropriate techniques to increase the confidence, skills and service delivery standards of counterparts, partner agencies, and team members. 2. Communication High-level verbal and written communication and interpersonal skills combined with an exceptional ability to develop and maintain results-focused stakeholder relationships in a range of environments. Demonstrated performance in using such skills to support effective stakeholder engagement, coordination and buy-in of core law and justice principles is essential. 3. Team work Demonstrated ability to work effectively with others to build productive coalitions and contribute to sustainable outcomes, including advocacy and the capacity to negotiate effective solutions. 4. Cultural sensitivity A demonstrated ability to work sensitively in a complex cross cultural environment including high levels of personal resilience, initiative and innovation to operate successfully in remote and challenging locations. This demands a deep and profound understanding of the Papua New Guinea context. 5. Change Management Demonstrated experience in change management and in mentoring counterparts and senior managers through organisational change 6. Technical skills Extensive relevant technical skills and management experience in strengthening local level government service delivery, preferably in an international development context PALJP-TP | Terms of Reference – Provincial Adviser Hela 3 TERMS OF REFERENCE 7. Ethics and integrity Demonstrated highest levels of personal and professional ethics and integrity that ensures the Advisor is not susceptible to inappropriate local pressures or influence by existing or emergent patronage systems. The successful candidate must be willing to provide details to assist in appropriate due diligence and confirmation of bona fides, and must reveal all potential conflicts of interest with respect to family or close associates holding positions within PNG’s government or business community. Abiding by PNG as well as relevant Australian and international laws and regulations regarding corruption and illegal practices is essential. Experience Minimum of a Bachelor’s Degree or equivalent from a recognized tertiary institution relevant to the technical content of this position Minimum of 5 – 10 years relevant working experience Private sector business management experience will be highly regarded. Deliverables: As defined in the Program’s Transition Plan and Adviser’s approved Annual Work Plan. Other Information: This position description is subject to review in the Law and Justice annual planning process or otherwise as required. DFAT Adviser Remuneration Framework position classification: Category C - Job level 3 PALJP-TP | Terms of Reference – Provincial Adviser Hela 4
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