NO LEGAL CHIEF IN AUSTRALIA

Press, Volume LXXXI, Issue 24624, 21 July 1945, Page 2

NO LEGAL CHIEF IN AUSTRALIA

DR. EVATT’S ABSENCE | CAUSES PROBLEM I RESULT OF CHANGING MINISTRIES From Our Own Correspondent SYDNEY. July 18. For the first time in its Commonwealth history, Australia has no legal chief-tp sign documents and give them validity. This position has been brought about by the formation of a new Ministry during the absence in America of the Attorney-General (Dr. H. V. Evatt). His commission in the Curtin Government expired when the new Forde Ministry was 1 jrmed, and cannot be renewed until he is again sworn in by the Governor-General, the Duke of Gloucester. Both Mr Forde and Mr Chifley allotted Dr. Evatt his former portfolio, but until he returns to Australia to receive his commission, he is constitutionally just a plain member of Parliament. ' All other Ministers were sworn-in when Mr Forde took over, and went sworn in again when Mr Chifley Bfecame Prime Minister. When Dr. Evatt was absent during the Curtin Administratis. Mr John Beasley, then Vice-President of the Executive Council, acted in his place. He had written authority from Dr. Evatt to do so. Legal experts maintain that no Minister can act for another without such written authority. These experts challenge even the right of the Prime Minister to delegate the authority. Mr Beasley's authority, of course, expired when Dr. Evatt’s commission lapsed. , , , Normally, there are always hundreds of documents awaiting the AttorneyGeneral’s signature, and these have mounted alarmingly in the last week. Documents which Mr Beasley declines to sign include land transfers which must be completed by a certain dote One way out of the difficulty would have been the temporary dropping of Dr. Evatt from the Cabinet, and the swearing in of a fellow-Minister as Attorney-General—in addition to his other portfolio—on the understanding that he would resign the Attorney-Gen-eralship on. Dr, Evatt’s return. Either the problem was overlooked, or neither Mr Chifley nor Mr Forde wanted to exclude Dr. Evatt. even temporarily, from the* Cabinet.