Mystery in N. Guinea

Workers' Compensation Mystery in N. Guinea

Letter to the Editor A PARAGRAPH in the January “P.1.M.” headed: “No Compensation Act in New Guinea”, referred to the case of a man named Hartley, who lost his life in a mine here, as the result of a fall of stone. As to what Mrs. Hartley has been offered in compensation, I have no knowledge—l understand the Public Curator is handling the case.

But I do say definitely, that there is a Compensation Act in this Territory, and my authority for making this statement is Mr. Hogan, head of the Crown Law Department. Mr. Hogan has stated that the Papuan Compensa tion Act has been adopted in New Guinea and is in force in this Territory.

He also has stated there is no need to prove negligence on behalf of the employer as, under the Mining Ordin ance, an accident is sufficient proof of negligence.

These words are not exactly .Mr.

Hogan’s words, but are the substance of what he has stated. The Administra tion is contemplating passing a Work ers’ Compensation Act, in the near future, and the Crown Law Department has sent a copy of the projected Act to interested bodies, for perusal and criticism. It was in a covering letter that I read Mr. Hogan’s remarks. I will accept his word that at least the Paouan Act is in operation in this Ter ritory. Further, if it is not necessary to prove negligence in case of accident in a mine, there must be a good case for civil action.

As the Labor representative here, prior to the formation of a branch of the A.L.P., two years ago, I brought the matter of Workers’ Compensation under the notice of both the Griffiths and the present Administrations. In the begin ning of 1936, I got the then Leader of the N.S.W. section of the Federal Labor Party. Mr. Beasley. M.H.R.. to bring the matter before the Lyons Government, at Canberra. Subsequent!v. I received let ters from both Mr. Beasley and Mr.

Lyons stating that a Workers’ Compen sation Act would be passed in this Ter ritory. Later. I read in the “Rabaul Times” that a committee of three had been appointed, to draft a Workers’

Compensation Act. This Committee accepted the Commonwealth Act. in toto. and I understand it was passed bv the N.G. Council. In the Government Gazette of October 31. 1936. this Act re ceived the assent of Lord Gowrie, Gov ernor-General.

What has happened to that Act? Has there been a bungle somewhere, The Act was made retrospective, coming into operation on July 1. 1936. I was under the impression that once an Act re ceived the assent of the Governor-in- Council, it became law.

On reading the script of the prelected Compensation Act. I find it almost identical with the Commonwealth Workers’ Compensation Act, of 1931- 1933.

A decision was given in a mining case a few years back, by the then Chief Judge of this Territory. Judge Wan bss, in which he stated that this Ter ritory was subject to all Commonwealth laws. If this statement is correct in law, then the Commonwealth Workers’

Compensation Act, 1931-1933, is opera tive here.

I hope that inquiries will be made in the right quarter as to what has hap pened to the Compensation Act passed by the local Council in 1936, and pub lished in the Government Gazette of October 31, 1936.

I am, etc.,

George W. Bellamy.

Edie Creek, T.N.G.

March 8, 1940. ft The U.S. navy has extended photog raphy restrictions to the North Pacific Islands under its administration. No photographs may be taken now on Mid way, Wake, Palmyra, Johnston, French Frigate Shoal, or Kingman Reef. Com panies working on any of the islands must see that cameras owned by em ployees are retained in proper custody.