Recommended Practice based on International Guidelines
Decisions made by civil registrars can have legal consequences and it is important that the system includes a process of appeal or review of those decisions. Individuals should have the right to appeal civil registration decisions to the courts. Prior to filing an appeal in the courts, some countries require that the appeal against a local civil registrar's decision be filed before a higher administrative level, up to the national level. The exhaustion of remedies serves a dual purpose of allowing a civil registration agency the opportunity to correct its mistake without burdening the courts, and creates an administrative record for court to review in a judicial appeal.
Papua New Guinea
Legal Analysis
Section 97 of the Civil and Identity Registration Act provides a right of review to any person whose interests are affected by a decision of the Registry. A person affected by the decision of a staff member may apply to the Registrar-General for a review of the decision, although the Act is silent on the process for making this application. A person whose interests are affected by a decision of the Registrar-General may apply to the Court for a review of the decision.