Canberra, 27 July 1966
I have written to you separately today informing you that the Governor-General has appointed you Administrator of the Territory of Papua and New Guinea. There are however, some matters associated with the appointment which it would be useful to place on record. These are matters which I consider it is important for the Administrator to keep under notice continually although this letter does not purport to be a comprehensive or exclusive statement of such matters.
The office is one which combines unusual and varied responsibilities. Section 13 of the Papua and New Guinea Act 1949–1964 under which the appointment is made defines it as the Administrator’s duty to administer the government of the Territory on behalf of the Commonwealth and a further section of the Act lays down that the Administrator shall exercise and perform all the powers and functions that belong to his office in accordance with the tenor of his Commission and in accordance with such instructions as are given to him by the Governor-General.
It is not the practice for Governor-General’s instructions to be issued to Administrators of Papua and New Guinea. The responsible Minister makes known his instructions or his views orally or in writing personally or through the Department of Territories.
The Administrator has representational responsibilities as head of the government of the Territory; in this capacity he represents the Commonwealth Government and does not directly represent the Sovereign. By virtue of these responsibilities he occupies the Official Residence at Port Moresby (Government House) and meets and entertains important people visiting or passing through the Territory and periodically himself visits the various areas of the Territory.
Ordinances passed by the House of Assembly are presented to the Administrator who may (except in certain cases) assent to them, withhold assent, reserve the Ordinance for the Governor-General’s pleasure or return the Ordinance with recommended amendments.
Many of the Ordinances of the Territory confer statutory authority on the Administrator or the Administrator-in-Council. The Administrator-in-Council means the Administrator acting after he has received the advice of the Administrator’s Council. If the Administrator does not follow the advice of the Administrator’s Council he is obliged in relation to matters where he is required by ordinance to seek that advice to cause a statement of his reasons for not following that advice to be laid before the next sitting of the House of Assembly.
The setting-up of the House of Assembly with wide powers to make ordinances on any subject for the peace, order and good government of the Territory subject only to Commonwealth Acts and the Governor-General’s disallowance; the establishment of the Administrator’s Council with some members drawn from the House of Assembly which can advise the Administrator in the conduct of the executive government of the Territory; and the creation of the posts of Parliamentary Under-Secretary are measures designed to give the representatives of the people of the Territory an effective voice in the Territory’s government. It may be expected that further measures will be taken to this end from time to time.
The transition from Government by officials subject to complete direction by the Administrator and through him by the Minister to representative government is not an easy one. It is difficult in some cases for officials accustomed to exercising authority in their own sphere at varying levels and unaccustomed to working within the normal framework of departmental activities under responsible government, to pay proper regard for the position of elected representatives in the community and in administration. It is necessary for the Administrator to pay close attention to the Administration’s relationships with the elected representatives, and especially to develop the Administrator’s Council and the system of Parliamentary Under-Secretaries so that the elected representatives increasingly participate in the executive government and feel that they are doing so.
At the same time, until the Territory becomes self-governing the Administrator is accountable to the Minister who is in turn accountable to the Commonwealth Parliament. This means that not only can the Minister be questioned on any aspect of administration but that policies and all financial arrangements are subject to the approval of the Minister, the Cabinet or the Parliament. In these decisions official and non-official Territory opinion is of course taken fully into account.
It is the Administrator’s prime function to see that the policies of the Government as conveyed to him by the Minister or by the Secretary are effectively carried out.
This requires that the Administrator shall have as complete as possible an understanding of Government policy intentions. For this he will rely on instructions and other communications, oral or written, received from the Minister either direct or through the Department of Territories and on discussions of policy issues with the Minister and the Secretary. It is the Secretary’s responsibility to advise the Administrator of the way in which Government policy should be interpreted in relation to any particular question.2
The Administrator in carrying out the day to day activities of the government of the Territory will do so within approved policies, individual formal Ministerial approval for particular policies being sought as required. This also applies to the introduction of official Bills in the House of Assembly.
The Permanent Head of the Department has the statutory function of advising the Minister in all matters relating to the Department and is responsible for all the business of the Department. The Department has the responsibility of examining all proposals submitted from the various Territories and advising the Minister about them as well as carrying out certain specific functions on behalf of the various Administrations.
In formulating policy or in formulating recommendations to Cabinet regarding major policies the Minister will wish to have before him the views of both the Administration and the Department. On major questions the Minister expects that the Administrator and the Secretary will work out a common view regarding the policy that ought to be adopted. Where however there remains a significant difference of view it is the responsibility of the Secretary to see that the Minister is fully informed of the views of the Administration and where the Administrator so requests, to see that the Administrator’s personal views are put before the Minister. In any case, in respect of any major issue the Administrator may, if he considers it necessary, arrange to put his views directly and in person to the Minister.
It is expected that in putting forward his recommendations on policy the Administrator will take account of significant Territory public opinion where this has a bearing on the decision to be made. More especially this is of concern to the Administrator as he has particular responsibility not only to ensure that his advice contributes to sound policy decisions and that the policy as decided is effectively carried out in the Territory but also to ensure that there is an understanding in the Territory community of the reasons for the policy and that it is put into effect with the fullest possible support of the community.
The situation in which proposals of the Administrator come before the Minister with advice of the Department is in accordance with constitutional practice and the Public Service Act. It is nevertheless a situation in which in practice some conflict and friction between departmental and Administration officers is likely to occur. The effective carrying out of the Government’s policies cannot be allowed to be prejudiced by lack of co-operation at the official level and the Minister must look to the Administrator and the Secretary to establish and maintain arrangements which will result in close and fully effective teamwork. Clearly this will require relationships between the Administrator and the Secretary of mutual confidence, frankness and plain dealing.
The organisation and establishment of the Administration is provided for under Territory Ordinance. In connection with proposals for change in the top structure of the Administration the Minister will expect to have before him the views of the Administrator and the Public Service Commissioner as well as of the Secretary. The direct administration of the Territory Public Service, in a personnel sense, is in the hands of the Public Service Commissioner who is responsible direct to the Minister. It is important that the Administrator and the Public Service Commissioner each carry out his responsibilities with full regard for the responsibilities of the other.
Appointments and promotions to the Public Service of the Territory are governed by the Papua and New Guinea Act and the Public Service Ordinance of the Territory. Appointments to senior positions such as Departmental Heads and Assistant Administrators and to statutory positions generally (which will no doubt increase in number) are made by the Minister on the advice of a committee consisting of the Administrator, the Public Service Commissioner and the Secretary of the Department. In the past the Committee has almost always made unanimous recommendations and it is expected that this would continue to be the case in the future. In any instance however of a recommendation by the Committee in which the Administrator does not concur the Administrator’s dissenting views will receive particular consideration.
Commonwealth Departments and authorities such as the Department of Civil Aviation, the Commonwealth Department ofWorks and the Australian Broadcasting Commission as well as the Armed Services operate in the Territory. The activities in the Territory of these organisations are not subject to the control of the Administrator but where their operations affect the overall government of the Territory it is necessary for the Administrator to see that he is kept informed. Liaison with the Central Offices of these organisations is maintained by the Department and in the Territory smooth-working arrangements for day to day contact and co-ordination are obviously necessary. Should the Administrator however consider that the interests of the Territory as a whole require some adjustment in the operations or policies of one of these authorities it is open to him to bring the matter under the notice of the Minister for Territories.
The normal channel of communication from the Administrator to the Minister is by memorandum or message to the Secretary, Department of Territories.
The channel from the Administrator to any other Commonwealth Department or Minister (other than local matters appropriate for discussion in the Territory with the Territory representative of the Department concerned) is through the Department of Territories. Similarly if the House of Assembly wishes to put a resolution before the Commonwealth Government it should do so by requesting the Administrator to transmit it to the Minister for Territories whose responsibility it is to decide regarding approaches to other Ministers.
These comments refer to the question of relationship with Commonwealth authorities in a general way. There is also the specific question of the maintenance of civil law and order. Military forces of the Commonwealth in the Territory cannot act in relation to the maintenance of law and order in the Territory without the explicit and specific authority of the Government. If in the Administrator’s opinion it should become necessary to invoke military forces in aid of the civil power to maintain law and order the correct course of action would be for the Administrator to request the Minister to take the necessary action.
The Minister and the Department need to be kept informed generally on events and attitudes in the Territory. Regular sources of information are monthly reports, minutes of the House of Assembly and the Administrator’s Council and the Central Policy and Planning Committee. The Minister must rely on the judgment of the Administrator to inform the Department immediately on events of special gravity or significance or on happenings which although not necessarily important from a policy viewpoint may nevertheless be the subject of Parliamentary or press enquiry. In his public utterances and press announcements the Administrator must exercise judgment on what matters have implications beyond the Territory and should therefore be made public by the Minister.
There are three particular areas of policy with which the Minister especially needs to keep closely in touch and concerning which the arrangements for co-operation between the Department and Administration need to be kept under continuing review. These are—constitutional development, financial arrangements and basic economic development policies.
The Administration has its own Treasury from which moneys are spent in accordance with Appropriation Ordinances. The collection and payment of Public Moneys are governed by the Treasury Ordinance, Regulations and Rules. Section 41(1) of the Treasury Ordinance authorises the Administrator or an officer appointed by the Administrator for the purpose to approve requisitions for services, stores and other supplies for the Territory; but the Minister for Territories has directed that the Administrator may not approve such requisitions where the expenditure involved exceeds $100,000 unless the Minister’s prior approval has been obtained.
The Administration Contracts Ordinance empowers the Administrator, or an officer of the Public Service authorised in writing by the Administrator, to enter into contracts on behalf of the Commonwealth in its administration of the Territory but requires that he will not enter into or execute any contract or agreement under the Ordinance which involves an expenditure exceeding $100,000 unless he has first obtained the approval in writing of the Minister.
To sum up, it might be said for present purposes that the Administrator’s main tasks are to maintain law and order; to contribute his suggestions and advice towards the formulation of policies with respect to political, economic and social advancement of the Territory and its people; and to carry out those policies in such a way, and in harmony with the Government’s longer term objectives in relation to the Territory, that the process of change is a smooth one and that a programme of balanced development can be progressively achieved without divisive effects.
In appointing you as Administrator the Government demonstrates its confidence that in carrying out the task of the appointment you will be sensitive to the Government’s policy intentions whether broad or specific and assiduous in applying them in the spirit as well as in the letter.3
[NAA: A452, 1966/6185]
1 Former diplomat David Hay, whose appointment as Administrator of PNG, effective as from 9 January 1967, was approved by Cabinet on 19 July (NAA: A5839, 362).
2 Hay later reflected that this ‘struck me as a curious form of expression. I didn’t … see that in any sense it’s a Secretary’s formal responsibility to do that … This is a responsibility really of a Minister, and a Secretary can act on behalf of a Minister in doing so. I had a problem in the back of my mind on that, but in general the instructions seemed to be so satisfactory that I didn’t make an issue of it’ (transcript, interview of David Hay by Mel Pratt (hereafter Hay interview), 1973–4, NLA: TRC 121165, 2:2/32–3).
3 Later in the year when Warwick Smith was preparing to discuss the letter with the Minister, Swift minuted the Secretary: ‘Matters which might be stressed are—( a) Identification of matters on which action should not be commenced in the Territory without clearance from the Minister, e.g.—(i) detailed handling of matters with constitutional implications; (ii) matters having significant financial implications; (iii) Administration proposed ordinances introducing new policy principles … (b) Changes in the system of executive government will place a heavy responsibility on the Administrator to ensure that while giving full scope to the elected members of the House and of the Administrator’s Council and those members appointed as Parliamentary Secretaries or Under-Secretaries to take a real and increasing part in decision making, he identifies for the members and for Administration officers the point at which local decision making should give way to consideration by the Minister and sees that local decision making is not carried past this point. There is, for example, a limit to which executive decision can be taken while the present financial arrangements continue, but the application to day to day matters of this limit is insufficiently understood’ (13 December 1966, NAA: NA 1983/239, 20/8).