Legal Opinions

I am in receipt of your memorandum of the 14th March, 1939, requesting advice as to the form of reply which should be sent to the Government of Eire in relation to the proposal that the Commonwealth should enter into discussions with a view to the conclusion of reciprocal agreements with that Government regarding the transfer and administration of moneys awarded under workmen’s compensation legislation.

I refer to your letter of 15th August and previous correspondence concerning the use of the services of this Department by the Commonwealth Bank, the Australian Broadcasting Commission and such bodies.

Concerning the Commonwealth Bank, the position is that shortly after the establishment of the Commonwealth Bank, the whole question whether the Bank should receive the advice and assistance of the Crown Law Department was considered by the then Attorney-General who was, if my recollection is correct, the Honourable Sir William Irvine, KC.

The Prime Minister has forwarded for my advice the following letter:

I am forwarding herewith copy of the notes of a deputation which met me in Melbourne on the 8th May and which requested that the Commonwealth Government should pass legislation requiring any industry receiving a bounty to pay award wages to employees in that industry.

I should be grateful if you would arrange for this matter to be looked into and for a report to be furnished on the legal aspects associated therewith.

I am in recept of your Minute of 24th October, 1939, forwarding for consideration papers in connexion with the above matter.

I gather that it is desired that this matter be dealt with as one of urgency.

The following questions arise:

I am in receipt of your memorandum dated 25th October, 1939, No. 37081, requesting my advice as to the manner in which legal effect may be given to the decision to re-introduce compulsory military training.

The decision is that unmarried men who attain the age of twenty-one years during the year ending on the 30th June, 1940, and were unmarried on the 21st October, 1939, shall be called up under Part XII to undergo continuous training for a period of three months commencing in January, 1940.

I refer to my memorandum, W.215, dated 30th October, 1939,⁽¹⁾ in connexion with the decision to re-introduce compulsory military training.

In that memorandum I did not give consideration to the provisions of section 46 and 47 of the Defence Act and the Proclamation issued on the 2nd September, 1939, under section 46. Proclamation issued on the 2nd September, 1939, under section 46.

The Secretary, Department of the Treasury, has forwarded to me a letter received by him from Sir Walter Massy-Greene and has asked for my advice on the suggestion therein made. The letter is as follows:

The following letter received by the Prime Minister from the Honourable H.V.C. Thorby, M.P., has been forwarded to me for advice:

With reference to your memorandum of 26th October, 1939, I have to advise you that, in my opinion, regulations on the lines suggested in paragraphs 6 and 7 of the minute enclosed with your memorandum could not validly be made under the National Security Act 1939 in view of the provisions of section 13 of the Act. The power of arrest conferred by that section is confined to the same limits as the power of arrest at common law in the case of a breach of the peace. Regulations affording sentries powers in excess of that power could not validly be made under that Act.

I am in receipt of your letter of the 1st December, 1939, requesting my advice as to whether or not you may accept, without prejudice to your Parliamentary position, certain fees and travelling expenses as a member of the State Wool Committee of Tasmania.