"Consequential" War Damage

Territories Residents Face Grave Losses

Regulations Provide No Compensation For "Consequential" War Damage

Discouraging news in regard to claims for compensation for war damage was given, on the evening of June 10, to a general meeting of members of the newly-formed Pacific Territories Association.

There was a large gathering of Terri tories people: and the chair was taken by Mr. E. A. James (Papua), in the absence of Mr. R. A. Laws. Mr. Laws has been rather seriously ill, but is recovering.

Mr. James reported that he, with Mr.

Sefton and Mr. Adelskold, had been courteously received by the members of the Australian War Damage Commission when they sought clarification of a number of points relating to war dam ages suffered bv residents of New Guinea and Papua. They asked specially whe ther they were covered, and to what extent, for losses suffered in relation to (1) Looting; (2) Loss by fire not cov ered by civilian insurance; (3) Variation of declared values, where such were ori ginally made arbitrarily, owing to absence of records; (4) Business losses arising indirectly out of action taken by the military authorities; (5) Earlier pay ment of compensation in certain cases; (6) Representation of the Association on the assessors’ panels dealing with Ter ritories property and claims.

The chairman said that all these points were discussed at length, and the outcome was not satisfactory. The mem bers of the Commission were sympathe tic, but said that their decisions must be guided bv the Commonwealth Regu lations governing compensation for war damage: and. in their view, the follow ing constituted war damage; All damage caused by acts of the enemy or by the Allied forces in attacking or in offering defence to an enemy attack or imagined attack, including damage caused by rea son of a scorched earth policy carried out by our forces in such actions. In no circumstances does the Commission consider that the Regulations cover dam age which may be described as conse quential damage—unless the direct result of acts as described above. So far as points (1) (2) and (4) were concerned, the Commission could offer no promise of assistance while the Regulations remain as they are at present.

Regarding the question of under insurance—that is, point (3) —the Com mission agreed that in the circumstances described persons may take out addi tional cover up to the total value of

their property as now ascertained, and advise the Commission of the full facts as soon as this is done. It was agreed, also, that in special cases eajlier payment of compensation might be made to assist persons returning to the Terri tories. The Commission also approved of the suggestion that assessors’ panels might be assisted bv the appointment of “collaborators”, with a special know ledge of the Territories.

Association Must Fight

THE chairman and other members said that it was clear that Territories residents would suffer very heavy losses unless the Regulations governing the payment of war damage compensa tion were altered. The Association would have to fight, and fight hard, if,justice were to be obtained. The position now is that residents will get no compensa tion for deteriorated plantations and mining properties, burned buildings and looted stores and residences, unless such damage was directly caused by actual warfare.

Executive members said that the Asso ciation could not fieht without funds.

So far, the membershin did not exceed 200. Many more members were needed, if sufficient funds were to be provided to carry on the fight for recognition and justice. If there were not enough funds, the Association could not function; and, as there was no one else to fight for them, all people with interests in the Territories would find their compensa tion claims beine whittled away to noth ing bv “Regulations”, and official inter pretations of Regulations. The matter was very urgent—more members must be found.

“Impressment Orders”

ASET of rules was submitted to the meeting, and adopted. It made provision that, where persons desired to join the Association, but felt that, the subscription of 15/- per quarter was more than they could afford to pay, the Exe cutive has power to accept a smaller subscription.

The chairman reported that the Exe cutive had been trying to get some offi cial action in regard to the payment of “impressment orders”. Representations had been made to the heads of all three services. Goods, cars, furniture, houses and so on had been taken by the ser vices in Papua and New Guinea, impress ment orders issued in return therefor — and now. despite everything they could do, the holders of impressment orders could get no money.

One member reported that urgent representations had been made by him to the Army Department, in Melbourne.

He had asked that machinery for deal ing with nayment of impressment orders and similar accounts be established in Sydney, where most of the claimants, and the offices of the firms concerned, were located; and the Department was giving consideration to this request.

Losses Of Property

rE chairman referred to an announce ment, made recently by the GOG at Port Moresby, that freehold and leasehold properties and the produce therefrom, “had been taken into the army”. They had immediately asked the Minister for the Territories what this meant. They received the reply that the

matter was being inquired into.

A member: So apparently the Minis ter does not himself know what it is all about. (Laughter.) A member; When shall we know what damage has been done to our properties?

The chairman said that they were trying to get information under that head. The War Damage Commission proposes to send “panels” to the Ter ritories to examine the position as soon as that was possible.

Voices: “Panels! What would they know about it?”

The chairman: We shall, of course, do our best to see that Territories people, and especially people who understand local conditions, are on the panels.

Members gave numerous instances of goods, motor cars, equipment, etc., hay ing been taken over by the forces in both Territories; and, owing to the hurry and confusion of the circum stances, no receipt for same had been given to the owners.

It was suggested that the only way to handle such claims, in the absence of receipts, was to submit them as claims for war damage to property. But, then, of course, they would be barred by the present interpretations of the War Dam age Compensation Regulations.

Members asked when monies held on deposit by the Administrations as a guar antee in respect of indentured labourers would be returned.

The secretary said that he had been told by Mr. Halligan (Territories Dept.) that a proportion of such monies would be repaid soon, but a proportion would be held to meet any claims made in respect of unpaid wages, after the Ter ritories were reoccupied and the inden turing system was resumed.

Now is Time to Fight

EDITORIAL NOTE— The importance of supporting the Association, and pro viding it with members and funds, can not be over-emphasised. Territories re sidents are urged to recognise the following facts: — As the law is at present, they will get no compensation for losses or damage to their properties, unless such damage or losses have been caused by actual battle operations.

If the regulations are not altered there will be no compensation for such things as looting, damage caused by uncontrolled natives, deterioration of properties owing to absence of owners or managers, loss of business owing to military control— although all those things may be the direct result of war conditions over taking the Territories.

The regulations will not be altered by officialdom. The only way in which we can get them altered is to appeal strongly to Ministers and to members of Parlia ment; and, failing them, to appeal to Australian public opinion. The Austra lian people, almost certainly, will be in favour of treating the Territories people with justice, and generosity, and will re sent any niggardly, cheese-paring inter pretation of what is “war damage”. territories people have no elected re presentatives to fight for them. They must fight for themselves, through their own Association. . r^e . Association wants members to to V fieht Str Tb gth ’ a £ d money ’ wherewith to fight. Those who cannot spare 15/hlrd qU h a it te hv <a th d m T any - ol us hPave been ioln 3 UD Snst Jap lnvasi °n) should w£t they can Same ' and Send al °"8 to lf flJh e f rn f torieS folk d 0 not now, J°j„ fl8 h ht or amended regulations, they NOwYs t& n t y o fl^t aXed l3ter