A Scheme

Drastic Changes in P-NG

Those Court Houses Are Part Of A Scheme

From our Canberra Correspondent Drastic changes are to be made in the administration of

justice in Papua-New Guinea*

following a report by Professor

D. P. Derham, Professor of

Jurisprudence at the University

of Melbourne.

THE Minister for Territories, Mr.

Hasluck, who received Professor Derham’s report last December, an nounced the changes just before Fed eral Parliament rose in October.

He said that decisions had not yet been made on all Professor Derham’s recommendations, particularly those on the structure of the Supreme Court.

Mr. Hasluck said that policy direc tions had, however, already been given to:— • Abolish any jurisdiction based on race; • Establish a system of local courts for native affairs; • Replace other courts of sum mary jurisdiction with a unified sys tem of district courts; • Repeal legislation relating to native administration; • Separate the police force from the Public Service; • Train native candidates as magistrates, clerks of courts and in terpreters; • Appoint selected native justices to sit with a magistrate in local courts (without powers of decision at this stage); and • Review the role of Native Local Government Councils (which have developed a tendency to conduct in quiries into disputes and to appoint their own constables).

One of the adopted recommenda tions—on the building of new court houses—has already caused an upset in the P-NG Legislative Council ( PIM , October, 1961).

One of Professor Derham’s recom mendations was that the status of Supreme Court judges should be im proved and that “proper court buildings should be provided at all centres where the courts sit regu larly”.

Members of the P-NG Legco

(Continued on p. 140)

thought that the £70,000 being s? on court houses could be useo better advantage.

Mr. Hasluck said Professor I ham considered that the basic w. ness in the system of administras of justice today lay in the relat between the executive and the judt arms of Government at all levels He considered that the Terri was experiencing a transition ft pure executive government of a ernal kind to a form of governc more in accord with Western notf of parliamentary and constitute government.

If this transition were to be ni tiated successfully it was impon to provide that the judicial sys served the law quite independent!;] the executive.

“The course of development ini Territory has produced a situaf in which the sharp division betw the executive government and judiciary, while observed in fo can become blurred in practice,”

Mr. Hasluck.

“It is not only inevitable, but vantageous, that in areas of first o tact with primitive people, the Nas Affairs Officer should undertake: functions of Government.

“He conducts the census, keeps i peace, settles disputes, crime, and in his capacity as a ma? trate of the Court of Native Affi dispenses justice.

“Professor Derham did not recc mend substantial changes in the ministration of justice in remote ar of first contact.”

Mr. Hasluck said that Profes: Derham had recommended combii courts of summary jurisdiction Papua and New Guinea, at pres; constituted separately.

suggested that in the process of hing them into a single system, specially concerned with matters should be so consti that, as the need for them icared, they could easily be amated with the district courts.

Hasluck said that a particular m was that of finding some of associating the people of with the administration of fessor Derham had therefore mended training and employ of suitable natives as clerks of and interpreters, had also proposed that as soon >sible native candidates should ined for appointment as magis- Hasluck did not table the Der leport. made his statement so late in e of the Parliament that there ) chance to debate it. even if he had produced it the Parliament would have lampered in any discussion by e of the document on which based.