Canberra, undated
Papua and New Guinea: arrangements for reference of bills to Department of External Territories
Following discussions, it was agreed in 1964 with the Administrator that any proposal for an official Bill, which involves new principles, or principles which are not covered adequately by approved policy, will be referred to the Department for submission of policy issues to the Minister. It was also agreed that official Bills for Ordinances which are required to be reserved for the Governor-General’s pleasure together with money Bills, will combine to be forwarded for the Minister’s consideration before introduction into the House of Assembly.
2. With regard to private members’ Bills it was agreed that circumstances will determine the matter but the overriding principle is that, to the greatest extent possible, there should be reference to the Minister on the attitude to be taken by official members on Bills which raise new policy issues or principles not covered adequately by approved policy. It was further agreed that where the usual procedures of consultation are not practicable, the earliest possible advice of policy considerations raised by a Bill will be given to the Department by telegram or telephone.
3. The above named agreements were confirmed in writing in memoranda between the Secretary and the Administrator.
4. It appears, therefore, that as no further agreement to the contrary has subsequently been reached, the department is entitled to expect that proposals for Bills involving new policy and copies of official Bills for Ordinances which are required to be reserved or money Bills will be forwarded for consideration prior to introduction of the legislation into the House.
5. The Administration did not adhere to the above named arrangements for the House of Assembly Meeting concluded last month.2
[NAA: A452, 1968/2631]
1 The minute was drafted for Ballard’s signature and addressed to Warwick Smith.
2 In following months, DOET used an invitation to join the Administration’s Legislation Committee as an opportunity for tightening the procedures for clearance of official bills. It was thought that the presence of a Canberra-based officer would improve awareness in the Department of forthcoming bills that involved new issues of principle (minute, Ballard to Warwick Smith, 23 January 1969, NAA: A452, 1968/2631). But there were also significant changes to the procedural status of the Committee. By using the Committee to preside over the restoration of an old Standing Order of the House of Assembly—namely, that all bills be circulated three weeks prior to the meeting of the House—Barnes, the Department, and the Administration hoped for greater opportunity to prepare policy responses to private Members’ bills (see loc. cit.; telex 2048, Ballard to C.J. Lynch (Legislative Draftsman, Department of Law, PNG), 17 February 1969, ibid.; and telex 9840, Hay to Warwick Smith, 13 December 1968, ibid.). Indeed, the Government was concerned about the frequency with which private bills were being tabled at short notice and passed rapidly (see, for example, Documents 200, 226 (footnote 17) and 253).