Soldier’s N. Guinea-born Child Must

be Registered—or Else!

NSW Department Helps Harassed Wife When Federal Department Fails

IT is well known that all New Guinea records of Births, Deaths and Mar riages were lost when the Japanese occupied Rabaul in January, 1942. It was understood, at that time, that the Fed eral Government proposed to take some steps to cover this difficult situation—so that a lady might legally lay claim to her husband, and a mother to her child. But the Federal authorities have done noth ing, and the difficult situation remains just that.

The following account of her proceed ings, from an evacuee who has just suc ceeded in registering in New South Wales, her Kieta-born child, will be of interest and assistance to many Territories’ eva cuees who are faced with the same prob lem. Fortunately, the lady in question has an excellent sense of humour, which sustained her throughout the months when she was struggling to find what could be done —and where to do it. The way is now made easier for others. Here is her account: — “When we came down from New Guinea my husband joined the Army.

The Powers-that-be then demanded birth certificates—or copies thereof—to prove that everything was as it should be regarding the two children whom we claimed.

“That was only the beginning of the trouble—the Child Endowment and sun dry other authorities soon did likewise.

“With the younger child, who had had the good sense to be born in Australia, the matter was simple. But the elder one was born in Kieta, and had been registered there, in Bougainville.

“With touching faith, we wrote to the Registrar-General in Queensland, asking for a copy of the child’s birth certificate.

We were informed, in due course, that no records had been sent to Australia as far as the Registrar-General’s Depart ment knew, and it was suggested that we write to the Prime Minister’s Depart ment.

“The Prime Minister’s Department sug gested the Minister for the Interior; the Minister for the Interior suggested the Minister for the Exterior—and the Minis ter for the Exterior- duly considered the matter, and finally quoted an extract from the Births, Deaths and Marriage Act—which was not in the least helpful.

“Then I had a brain-wave—l ap proached the New South Wales Crown Solicitor’s Office and at last found some one who told me that I should address my inquiries to the Supreme Court of New South Wales. Thither I went and told my woes to a clerk, who, after due consideration, was of the opinion that I had a fair chance of having my child registered as a citizen of New South Wales.

"T>UT, in the meantime, the Defence JD Department was threatening to cut off my allotment, if the required birth certificate, or a copy, was not forth coming, and I was dashing around mak ing so many Statutory Declarations that every JP I knew began unscrewing his fountain-pen as soon as he saw me coming.

“Now, the whole of the act of regis tering a child in New South Wales hinges around Sub-section (D) of Section (3) of the Registration of Births, Deaths and

Marriages (Amendment) Act of 1934, which in turn is ruled by the Births, Deaths and Marriages Act of 1899, Sec tion 21, and it does not apply unless the child and a parent, or parents, entered New South Wales and took up their abode before the child was 18 months old.

The child in this case was 10 years old, but it so happened that shortly after she was born I came down to Australia and resided here for some months. Had this not been so, I could not have had the child registered, as the present Act stands.

“I next went to the District Court, Queen’s Square, Sydney, where I was courteously given various documents to copy and told that they must be made thus and so, and arranged in the pre scribed form, and the charge when com pleted would be 7 6 stamp duty. The preparation of these documents is a job for a solicitor, but few solicitors appeared to know anything about Amendment (D) Section (3) and I tremble to think of the size of the bill had I left the matter in a solicitor’s hands, instead of spending several months on the job myself. After much copying and re-copying—assisted greatly by a sympathetic counter clerk— my forms were finally passed. The only mistake occurred when I was being attested; I said T do’ instead of ‘So help me God!”’

She said that the forms and docu ments required by the Court were:— 1. Notice of application for order per mitting Registration of Birth. (One copy). 2. Affidavit in support of above (i.e. that the child had lived in Austra lia within 18 months of its birth). (One copy). 3. Order for Registration of Birth.

THIS was the first occasion of an application of this kind being made, but she has been recently advised by the NSW Registrar-General’s Depart ment that her daughter’s birth has been registered in NSW “in accordance with the Court’s order.’’

“The way was long and thorny—and attended by much bother —but at the same time it was interesting, amusing and rather important. It is desirable at some time in one’s life to have proof of one’s birth and nationality, and no doubt there are many instances where a Statu tary Declaration signed by the parents is of no value whatsoever. Should the parents die without having made such Declaration, the child is left with no evidence of birthplace, date of birth or particulars of nationality. It is difficult to trace relatives who know with exact certainty the date of birth, and —especially with children born in New Guinea —is it difficult to find someone who was present at the time of birth.”

So there we have it! Evacuees of New Guinea who reside in hospitable New South Wales who wish to follow the trail blazed by this patient compatriot need now only (1) outline the proceedings to a solicitor—and pay the bill; or (2) make application at the District Court, Queen’s Square, where no doubt the same courteous counter clerk will aid them in copying the necessary documents. Those who live in other States may not be so fortunate.

WHY the Federal Government has done nothing to cover this anomalous position created by the loss of the New Guinea records, is one of the minor mysteries of the Pacific war.

The foregoing incident, and the situa tion generally, supply further evidence— if any were needed —of the Common wealth bureaucracy’s pathetic inability to deal with the various confused problems arising out of the Japanese invasion.

While one Department (the Army) threatens to punish the soldier’s wife because she cannot supply a birth certi ficate, another Federal Department (Ex ternal Territories) will do nothing to wards providing the machinery through which birth certificates can be obtained.