Evacuees' Troubles

Quarterly Meeting of Pacific Territories Association

RESTRICTIONS had become stricter and little progress had been made in the Association’s various appeals to the War Damage Commission, the Department of External Territories, etc., reported the president (Mr. E. A. James) at a largely attended quarterly meeting of the Pacific Territories Association, held in Sydney on December 15.

On November 27, the executive had written to the secretary of the War Damage Commission with regard to an amendment appearing in HO Circular 58, of November 19, namely:— “Reg. 38 (2) (a). The value of the damaged property immediately after the occurrence of war damage is to be deducted from the assessment.”

Extracts from the Association’s letter are as follows: “This ruling will inflict very serious hardship on claimants throughout Papua and the Territory of New Guinea. As a result of this the most extraordinary position can arise and. as an example, the following suppositious case is instanced:— “ ‘A,’ having insured, under compulsorv clauses regulations, his dwelling house for £1.500. and under voluntary clauses, for contents, £5OO. suffers damage bv enemy action. The roof of his dwelling is seriously damaged and some damage is done to walls end main structure but contents are undamaged. Damage occurs on or about 7 '2 '42. Assessment value of building at 1/1/42 is £1.500 and value of nronerty after damage is assessed at £1.200 ‘A’s claim, therefore, is entered at £3OO. However, as a result of dam aged roof and waffs, the building at 1 T '43 is valued at £BOO and the contents at £2O0 —the reduced values being a result of loss due to weather and other natural causes owing to lack of roof and walls of building.

“ ‘A’s position as at 1/1/43, therefore, is that he has lost nropertv solelv due to war damage totalling £l.OOO and mav he able to collect at the end of the war the sum of £3OO. Meanwhile he has paid war damage premiums as follows; For 1942. on £2 000 and for each subsequent ■rear on £l.lOO. (In arriving at this figure it is assumed the Commission wiff “review and alter the amount declared” as to value of fixed nropertv of £9OO in accordance with its assessment of valn° after of damage)’

“We think that you will agree that such a situation would cause hardshin and by no means carry out the Govern ment’s expressed intention of indemni fving individuals against loss due to war damage.

“We sincerely hope that similar con ditions wiff not arise in Australia, but we feel that the regulations are being framed and internreted solelv with th° Austra lian mainland in view, and without regard to those Australian residents rtf Papua and New Guinea, manv of whose losses, it should be remembered, are occasioned largelv hv defence measures taken for the protection of the Australian mainland.”

After three weeks the Association re ceived this reply from the War Damage Commission;— “I have to advise vou that the nrot.ee tion given bv the War Damage to Pro perty Regulations is in respect of direct wnv damage and not embrace con sequential losses of the type referred to

in your letter. In the hypothetical case there given, a loss due to war damage is increased by loss due to weather, but similar losses may occur to properties which are not affected by war damage; for example, losses by fire, white ants, etc.

It would be impracticable to draw dis tinctions between these various types of loss for the purposes of compensaton.

“You will understand that the Commis sion is by no means unsympathetic to owners of property in the territories: but it regrets that it is unable to recommend any extension of the present definition of war damage. At the same time. I would point out that any compensation determined during the war is to be reviewed upon cessation of hostilities, and the Government at that time will be in a much better position to determine any variation in the type of loss for which compensation will be paid, because it would be aware of the extent to which losses under various headings have been suffered.”

After these letters had been read by the secretary (Mr. Adelskold) the meet ing was thrown open to general—and somewhat heated—discussion.

Members pointed out that the War Damage Commission, in spite of their assurance that they are “by no means unsympathetic to owners of property in Papua and New Guinea” are apparently bent on whittling down, by every possible means, the existing claims of owners.

There appeared to be nothing for the Association to do but to continue with the fight for evacuees’ rights, in the hope that by a wearing-down process, the War Damage Commission mav eventually relax some of its hide-bound, steel encased regulations relating to conse quential damage and looting.

Return Of Evacuees To The

Territories

The opinion of most members was that in running their heads against the brick-wall of petty officialdom the Asso ciation was wasting its time —and getting nowhere. It was resolved, therefore, to send the following telegram to every member of the War Council: — “In view of the rapidly improving mili tary situation and the very urgent need of rubber and copra by Australia, this Association is strongly of the opinion that owners of industrial enterprises in Papua (and later New Guinea) and representatives of owners and industrial staffs still in Australia, should at once be permitted to return to and control those interests, with a view to maximum production and efficient preservation of those assets; and. further, those with vested interests in Papua and New Guinea have no confidence in the present method of administering properties under Industrial Control Order No. 4 of 1942.”

Land Titles

Unon the question of the Land Titles and records which were lost when the Japanese occunied Rabaul and Lae, it was reported that a committee had been set un to study available data and recon struct the records.

Post-War Reconstruction

A memorandum on post-war recon struction of the Territories Administra tions had been drawn up by the execu tive of the Association, to be submitted to the Federal Government. The meet ing decided that before it was submitted it should be sent to all members, in order that thev might suggest amendments.

In accordance with these instructions all members have now been circularised: and they have been asked to make their suggestions relating to the memorandum and return it to the secretary not later than January 17. as the work of corre

lating amendments will be heavy, and the executive wishes to hand the memo randum to the Federal Government as soon as possible.

Members’ Addresses

Members are requested to send any change of address to the secretary of the Association. (For Association’s address, see page 2.)