Troubles Of Territories’ Residents

How to Deal With Claims and Grievances

rpHE claims and grievances of A people who have been evacuated from Papua and New Guinea are dealt with by three different and separate sets of Governmental autho rities.

Failure on the part of the Austra lian Government to make this clear has led to confusion and irritation.

The three authorities are:— CLAIMS for compensation for war damage, under the War Damage Insurance plan, are in the hands of the War Damage Commission, which has offices in Brisbane, Sydney and Mel bourne.

Under the regulations given it by the Commonwealth Government, the Com mission cannot pay any compensation for indirect or consequential war dam age, such as looting, destruction and deterioration of property through com pulsory evacuation or lack of guardian ship, and so on. Compensation will be paid only for damage caused by actual fighting, or the application of a scorched earth policy.

The regulation relating to non-pay ment for indirect damage is so obviously improper and unfair that the Commis sion itself has suggested an alteration; but constant pressure upon the Govern ment will be needed before this injus tice to Territories’ evacuees is removed.

No claims, in any event, will be paid until after the war.

CLAIMS upon the military, naval or air-force people for compensation for the seizure or use of property in Papua and New Guinea —and espe cially in and around Port Moresby—are NOT regarded as coming under War Damage Insurance. Instead, if they are recognised, they are paid by the head quarters of the particular service con cerned.

All these claims go to a particular branch of the Army; and a gentleman named Mr. Harry Alderman, an Adelaide lawyer, deals with them on behalf of the Army. As we indicated in this journal in April, Mr. Alderman has his own methods of trying to adjust claims, and they are a little surprising.

In his view, the claimant is always the plaintiff, and the Army is the defendant,

and he is counsel for the defendant. If, by clever argument, he can gain for the Army the avoidance of a claim, he will consider that he is doing his duty. The unhappy plight of the property-owner, evacuated and helpless, is no concern of his.

Mr. Alderman has nothing whatever to do with the War Damage Commission, except that he reports details of any payments he makes to the Commission, so that the latter may not duplicate the payment when making an assessment for compensation.

THE third authority is the board, newly-constituted, to control the operation of plantations within the Territories (see this page). This body will deal with all matters relating to the return of planters to the Territories, and the operation of their plantations.

FOR example: Let us suppose that there was a rubber plantation in the Port Moresby district. The owner was evacuated in February, 1942, and forced to leave his property un guarded and unprotected. Natives came along and looted his house, and the Army came along and took away his horses, for transport purposes. A party of sol diers were quartered in his house for two months.

Now, over a year later, the planter is permitted to return, to grow rubber. He will have a claim against the Army, for horses impressed, and for rent of his house, and in these matters he will have to deal with Mr. Alderman. Mr. Aider man may grant the claim for the horses —although he probably will insist that they were old and skinny horses, and of little value—but he will resist the claim for rent, on the ground that the house was unoccupied, anyway.

Our planter also will lodge a claim with the War Damage Commission for (a) value of property looted and (b) deterioration of property through its being left unguarded as a result of his compulsory evacuation. The War Dam age Commission will resist both claims, on the ground that the damage was not directly the result of war conditions. But he should not withdraw his claim, be cause it is likely that the definition of “war damage” will be reviewed.

Finally, our planter will wish to make all arrangements for bringing his plan tation back into production—engagement of staff, recruitment of labour, purchase of stores, arrangements for transport, sale of his produce, and so on. In all these matters, he must deal with the new Production Control Board which, presumably, will be found in the offices of the Department of External Affairs, in Brisbane, Sydney, Melbourne and Canberra, and at Port Moresby.

In dealing with all these matters, com plex and difficult, the Territorian should seek the assistance and advice of the Pacific Territories Association.

For the addresses of all the above bodies, see page 2 of the “PIM.”