Canberra, 6 June 1968
4713. Unclassified Priority Personal
Following is complete text of document for which in harmony with the Minister’s existing approval I propose his final approval be anticipated for your purposes within the next few days in relation to discussions with possible nominees for ministerial office.
Arrangements approved by the Minister of State for External Territories pursuant to section 25 of the Papua and New Guinea Act 1949–1968
(a) Ministerial Members
(i) In relation to matters in respect of which the Ministerial Member is to carry out his functions, and in relation to the activities of the specified department dealing with those matters, the Ministerial Member will exercise responsibility jointly with the departmental head including the exercise of such delegation, including financial delegations, as may be authorised. The management and public service aspects of the conduct of the department will remain the responsibility of the departmental head. The Ministerial Member will take part in the formulation of policies and plans and proposals for departmental expenditure, including the preparation of departmental estimates. Policy proposals may be initiated either by the Ministerial Member or by the departmental head. In matters other than those affecting the management and public service aspects of the conduct of the department the Ministerial Member and the departmental head will make recommendations or decisions jointly and these will be formally recorded on departmental papers. In the event of a disagreement between the Ministerial Member and the departmental head which cannot be resolved by consultation between them the matter will be referred to the Administrator for decision.
(ii) In the House of Assembly the Ministerial Member will represent the Administration by answering questions relating to matters in respect of which he is authorised to perform the functions of a Ministerial Member. He will introduce legislation relating to those matters and guide it through all proceedings in the House of Assembly. The Ministerial Member will also give the Administration view on resolutions and motions affecting these matters and generally explain and defend Administration actions in relation to them. In relation to his responsibilities in the House of Assembly it will be necessary for the Ministerial Member to co-operate with the Official Member designated as senior Official Member of the House.
(iii) In the Administrator’s Executive Council the Ministerial Member will represent departmental interests in relation to the matters in respect of which he is authorised to perform the functions of a Ministerial Member. These matters include the draft estimates of annual expenditure. He may also initiate proposals for legislation in respect of these matters for submission, with the agreement of the Administrator, to the Council. As a member of the Council he will also participate in the exercise of the functions of the Council generally, as set out in section 19 of the Papua and New Guinea Act.1
(iv) The effective working of these arrangements will require close co-operation between the Ministerial Member and the departmental head. In general the departmental head will tender advice to the Ministerial Member on all matters within the Ministerial Member’s competence in relation to the activities of his department. The departmental head may with the agreement of the Administrator attend meetings of the Administrator’s Executive Council.
(b) Assistant Ministerial Members
(i) The Assistant Ministerial Member will in all cases be consulted by the departmental head wherever possible in relation to recommendations or decisions on matters in respect of which the Assistant Ministerial Member is authorised to perform his functions and the consultation will be formally recorded on departmental papers. Responsibility for recommendations or decisions on such matters lies with the departmental head.
(ii) The departmental functions of the Assistant Ministerial Member include the following:–
(a) to assist during preparation of bills
(b) representation at official functions
(c) to meet official visitors
(d) to participate in departmental functions
(e) to participate in preparing budget estimates
(f) to participate in departmental policy formulation
(g) liaison with representative public bodies
(h) such other duties or responsibilities as are determined from time to time by the Administrator.
(iii) In the House of Assembly an Assistant Ministerial Member will represent the Administration by answering questions relating to the matters in respect of which he performs the functions of an Assistant Ministerial Member. He will also assist Official Members in the handling of legislation, resolutions and motions affecting these matters. In relation to his responsibilities in the House of Assembly it will be necessary for the Assistant Ministerial Member to co-operate with the Official Member responsible in the House for these matters and with the Official member designated as senior Official Member of the House.
(iv) With respect to the Administrator’s Executive Council the Assistant Ministerial Member may, with the agreement oftheAdministrator, attend a meeting of the Council, when matters in respect of which he is performing the functions of an Assistant Ministerial Member are under discussion, and may be heard at the meeting.
(v) Assistant Ministerial Members will meet jointly from time to time with the Administrator, Ministerial Members (as appropriate) or senior officers to discuss and study proposed legislation and other matters of Territory interest.
(c) All holders of ministerial office
In addition to the foregoing, in the performance of their functions under section 25 of the Act, Ministerial Members and Assistant Ministerial Members should conform with the accepted code of conduct applicable in British countries to Ministers of the Crown. They should also respect the conventions that they will not publicly oppose, in the House of Assembly or elsewhere, policies or decisions that were in accordance with the advice of the Council and that they will introduce into the House of Assembly only bills and other measures which have been approved by the Administrator.
You will note that the sentences about which you have had some difficulty in relation to policy proposals being submitted in writing have been deleted. The other changes made are purely drafting in character. The text as formally prepared here contains no comma.2
Foregoing subject only to A.G.’s Department’s final clearance which we expect later this afternoon and will advise this point as soon as possible.3
[NAA: A452, 1970/4521]
1 See editorial note ‘Changes to the Papua and New Guinea Act’.
2 Commas included in the document follow handwritten annotations on the original.
3 Hay responded that ‘the only comment I now have’ was to request confirmation that the word ‘will’ in the last sentence of paragraph (a)(iv) should read ‘may’. Hay asked for urgent advice ‘as we have to put the “arrangements” on a stencil this morning’ (telex 5476, Hay to Warwick Smith, 7 June, NAA: A452, 1970/4521 ). Warwick Smith replied in the affirmative (telex 284/4740, Warwick Smith to Hay, 7 June 1968, ibid.). Meanwhile, the role of Assistant Administrators (see Document 188) remained unresolved. Warwick Smith brought back from Port Moresby a draft memorandum from Hay, written in response to Document 172 and which proposed ‘an interim arrangement which will ensure that the Assistant Administrators have a responsibility of oversight in the House of Assembly and will enable them also to exercise certain oversight of Departments headed by Ministerial Members in the interim’ (draft memorandum, Hay to DOET, 3 June 1968, in NAA: A452, 1968/4245).