The news magazine of the South Pacific · since 1930

Pacific Islands Monthly, 17 March 1943Vol. XIII, No. 8

Problems Of

p. 12 · Read in the full issue

Evacuees

What Association is Doing

A REVIEW of the activities of the Pacific Territories Association dur ing the past three months was given on March 10, to a large meeting of mem bers in Sydney, by the president, Mr. E.

A. James.

Return Of Planters

The president described the Common wealth Government’s decision to permit planters to return to Papua (see details elsewhere in this issue) as the first con cession made to the Territories people by Australia since the Association began its fight, nine months ago. The plan announced by Canberra was, to a con siderable degree, the plan advocated by the Association, but the Association believes that the planters should have a voice in the appointment of the Board of Control, and further representations were being made to Canberra in that regard.

War Damage And Definitions

The president read an extract from the annual report of the War Damage Commission (see article elsewhere) to show that the authorities at last acknow ledged that it might be desirable to revise the definitions of war damage in relation to the evacuated Territories.

In reply to questions, the president said that numerous claims against the mili tary authorities for property taken and used in Papua had been pressed but had not been settled. In practically every case the claims were being referred to a Mr. H. G. Alderman, whose title and authority had not been defined, but whose powers appeared to be extraordin ary.

A member interjected that Mr. Alder man’s chief concern seemed to be to assist the Army by every means in his power to avoid payment of claims, rather than to secure a fair and just settlement for the unfortunate evacuees who had seen their property carted off and used by the troops and who in many cases had lost everything.

Tfie president said that letters sug gesting certain settlements had been sent to some claimants by Mr. Alderman. He urged all those who received such letters to examine them very carefully and, if possible, to secure the advice of the Asso ciation before answering them.

The president referred at some length to the recent judgment of the High Court of Australia in the Apple and Pear Board case, which made it clear beyond all argument that the Commonwealth was obliged to pay owners for property taken under wartime powers according to the proved value of that property at that time, and not according to any arbitrary method of valuation fixed by the Com monwealth itself. The effect of that judgment was that the Commonwealth now was liable to pay claims amounting to many millions of pounds over and above the amounts already paid by the Commonwealth for property taken. In his belief, this judgment applied to the situation in the Territories just as it did in Australia.

A member interjected that it could hardly be expected that the Common wealth would leave that judgment un challenged—it almost certainly would

appeal to the Privy Council, in order to delay execution of the judgment, if for no other reason.

It was resolved that the executive write to the Federal Treasurer, as nominal head of the War Damage Commission, with a request that, if possible, he make a statement based on the paragraph in the Commission’s annual report, so as to clarify the essential difference between consequential war damage, as defined on the mainland of Australia, and conse quential war damage as seen in the Ter ritories of Papua and New Guinea, from which all civilians have been evacuated —and that the Minister specially be asked to take note of the fact that in the weeks immediately following the evacua tion, the usual control over natives (now resumed), had been unavoidably with drawn.

Mr. R. W. Robson urged that every thing possible should be done to induce Canberra to recognise the essential dif ference between “consequential” war damage as seen in Australia, and “conse quential” war damage in Papua and New Guinea. The Commonwealth authority, during 1942, had failed to recognise that difference —but he believed that now it was beginning to see that, while it was impracticable, and indeed impossible, to recognise consequential war-damage in Australia, where the people had remained in possession of their property, there clearly was a moral obligation in relation to consequential war-damage in the Ter ritories, where the people had been eva cuated under military order, and were not able to care for their properties and guard against deterioration through natural causes and losses by looting.

Taxation Problems

The president said the Association had been making repeated applications to the Australian Taxation authorities for relief for Territories’ residents from the new system of taxation. The system meant that Territorians now in receipt of income in Australia would have to pay Australian income tax for a year after their return, unless some special ruling were given in their favour.

Relief also was claimed for Territorians on the ground of the extraordinary expense they had had to meet in setting up homes, and purchasing clothing, equipment, etc., in Australia, after the evacuation.

The Association, although it had pre sented what it regarded as a convincing case for relief, could get no promise or undertaking from the Taxation author ity. All the Commissioner would say was that machinery existed for the con sideration and relief of individual cases of hardship; but that such applications for relief would have to be made by indi vidual taxpayers. The Association would press for another ruling; and, mean while, members who were in need of advice in regard to taxation matters were invited to get in touch with the Associa tion. He personally had spent a good deal of time with the Taxation people on the subject of procedure, and the latter had made available to the Association a supply of forms for use by individual members in making applications for relief.

Allowance For Copra

One of the matters taken up by the Association was the price allowed to planters for copra for insurance purposes by the War Damage Commission—namely £9/10/- per ton, Rabaul. The Association had clear evidence that the Copra Pool had received for copra in February, 1942, no less than £24/10/- per ton, Sydney.

The Association therefore was pressing

for a more equitable adjustment so that planters might claim upon the War Damage Commission for lost copra at a higher rate than £9/10/- per ton.

The president answered a number of questions relating to the liability of pro perty owners to pay war damage insur ance premiums for the 1943 period. Gen erally, it appeared that the liability to pay insurance premiums on fixed assets continued: but if it were shown that the property had been destroyed by enemy action before the payment of the 1943 premium, the Commission undertook to refund all premiums paid as from the date of destruction.

The Association

It was announced that Mr. J. W. Hinks had been added to the Executive, as miners’ representative, in place of the late Mr. Moen; and, owing to the trans fer of Mr. Gaskin to the north, Mr. A.

Lussick was appointed as auditor.

The president announced that this was the last quarterly meeting. The annual meeting would be held in Sydney in about the second week in June. The need for the Association obviously was greater than ever.