Canberra, 20 March 1968
Executive authority—Ministerial Member—Administrator—Minister
1. It is necessary to ensure that the House of Assembly is not able by Ordinance to confer powers upon Ministerial Members directly.
2. Ministerial Members are subject in the discharge of their responsibilities to the over-riding authority of the Administrator and this position must be maintained so far as legislation is concerned and so far as practice of principle is the area of executive action in concerned.
3. At the same time nothing in the new arrangements should diminish the capacity of the Minister to give instructions to the Administrator on any matter of policy or any matter for executive decision other than to the extent contemplated in the Papua New Guinea Act.
4. Under these circumstances it appears that we need to explore the feasibility of inserting into the Papua and New Guinea Act an injunction or declaration that nothing in the Act empowers the House of Assembly by Ordinance to bestow on a Ministerial officeholder executive power at the expense of the Administrator and that nothing in the Act shall result in the capacity of the Government to instruct the Administrator in executive matters being diminished.
5. Another element is that Ministerial authority under this transitional arrangement ought to be able to be exercised by delegation from the Administrator. This ought be made clear, presumably not in the Act, but in the second reading speech. Therefore, it may be assumed that more weight attaches to the bestowing by the House of Assembly through Ordinances of authority upon the Administrator and the need to ensure that the legal relationship between Minister and Administrator is not narrowed or disturbed by the new situation suggests that both aspects ought to be covered in the one declaration or provision.
[NAA: A452, 1970/4520]
1 Marginalia indicates that the note was dictated by Warwick Smith.