Opinion Number. 1024

Subject

PUBLIC WORKS COMMITTEE
WHETHER COMMITTEE HAS JURISDICTION TO CONSIDER REQUEST TO BE RELIEVED OF OBLIGATION TO COMPLETE CONTRACT WITH COMMONWEALTH

Key Legislation

COMMONWEALTH PUBLIC WORKS COMMITTEE ACT 1913, ss. 14, IS

Date
Client
The Chairman, Parliamentary Standing Committee on Public Works

The Chairman of the Public Works Committee asks for advice on the matter set out in the following memorandum:

Following upon the interview of Mr Whiteford and myself with you on 1st instant, on which occasion we asked your advice and opinion regarding the validity of the Public Works Committee acting under the reference submitted by the Prime Minister on 29 October 1920, and approved by the House of Representatives as follows:

Shipbuilding Contract of Messrs Kidman and Mayoh-Reference to Public Works Committee. Mr Hughes, by leave, made a statement to the House on the subject of a shipbuilding contract between the Commonwealth Government and Messrs Kidman and Mayoh, and moved that the following matter be referred to the Parliamentary Standing Committee on Public Works for investigation and report: The advisability of complying with the request of Messrs Kidman and Mayoh to be relieved of the obligation to complete the contract entered into by them on 4 August 1919, to build two wooden vessels for the Commonwealth, and the conditions upon which such relief, if deemed advisable, should be granted, and that the Committee be authorised to proceed with its investigations whilst the House is sitting-

and upon which you explained that the reference, in your opinion, was perfectly valid and in order, and that you would willingly give such opinion in writing for me to place before my Committee-would you now please advise: Does the reference quoted above give to the Public Works Committee all the powers conferred by the Commonwealth Public Works Committee Act 1913-1914, and is such reference a valid one within the provisions of the Act?

In my opinion the reference by the House of Representatives in the above form in relation to a public work authorises the Committee to consider and report upon the question referred and to exercise all the powers and functions of the Committee in relation thereto.

The fact that section 15 of the Act is not altogether applicable to the inquiry does not, in my opinion, affect the question. The matter referred is a question in regard to a public work within the meaning of section 14, and I think that is sufficient to give the Committee jurisdiction and authority.

[Vol. 17, p. 126]