DOCSLIB.ORG

A Stakeholder Perspective on Searches for Security in Papua

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Stakeholder Perspective on Searches for Security in Papua A Stakeholder Perspective on Searches for Security in Papua New Guinea Karl GW Claxton December 1999 A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy of the University of New South Wales I hereby declare that this submission is my own work and to the best of my knowledge it contains no material previously published or written by another person, nor material which to a substantial extent has been accepted for the award of any other degree or diploma at UNSW or any other educational institution, except where due acknowledgment is made in the thesis. Any contribution made to the research by others, with whom I have worked at UNSW or elsewhere, is explicitly acknowledged in the thesis. I also declare that the intellectual content of this thesis is the product of my own work, except to the extent that assistance from others in the project's design and conception or in style, presentation and linguistic expression is acknowledged. Karl Claxton Canberra December 1999 CONTENTS Abstract i Abbreviations and Acronyms ii Maps v Acknowledgments x Introduction: Purpose and Questions 1 Aims, procedure, and results 1 Outline of the thesis 3 I Chapter One: The Setting: Papua New Guinea in Outline 7 Physical features 8 Human characteristics and history 10 Modern political structures, style, and economy 17 Standard approaches in PNG-studies 26 Conclusion 28 Chapter Two: Papua New Guinea Security Conceptions in Flux 30 Movement away from conventional strategic security analysis 30 Official analysis: a focus on new threats to the state 39 Scholarly analysis: state versus society models 51 Conclusion 57 II Chapter Three: Theoretical Perspectives on Security in Developing Countries 58 Changing conceptions of security: rationale, approaches, and key terms 59 "Third World" security as a distinct subfield 68 The need for a new approach: lack of an analytic core focus 74 To broaden, to deepen, or to extend? 81 A security stakeholders model 86 Conclusion 105 III Chapter Four: "Law and Disorder" - an Overview of Principal Challenges 106 Three key concerns - Raskol crime, separatism, and intergroup conflicts 107 Existing explanations of the Bougainville crisis - Secession or succession? 115 Existing explanations of contemporary highlands warfare - "Tribal fighting"? 136 The overlapping nature of threats 160 Conclusion 161 Chapter Five: Case I: Security Stakeholders in the Bougainville Conflict 163 State institutions 164 Elites 170 Proponents of the nation 195 Communal groups 201 Ordinary individuals 204 Stakeholder interactions 210 Conclusion 215 Chapter Six: Case II: Security Stakeholders and Renewed Highlands Warfare 217 State institutions 218 Elites 227 Proponents of the nation 240 Communal groups 245 Ordinary individuals 250 Stakeholder interactions 253 Conclusion 257 Chapter Seven: Conclusions: Reconceptualising Security in PNG and Beyond 259 Summary and main findings 260 Implications for Papua New Guinea 265 Relevance for theory and for other developing countries 269 Further research 271 Bibliography ABSTRACT The new theoretical literature on security in developing countries can contribute to the understanding of Papua New Guinea's overall security predicament. This study uses such ideas to reconceptualise the country’s security in a more comprehensive way. Since the late 1980s, it has become widely recognised that conventional security analysis, which emphasises the military defence of states against foreign attack, cannot address the most pressing and violent challenges faced in Papua New Guinea. The term "security" is now applied to all manner of problems and goals, in official policy, academic commentary, and public debate. However, such accounts have tended to lack a unifying approach, and provide little guidance as to how the country's security predicament might be re-assessed as a whole. Two unanswered questions are pivotal. Firstly, it is uncertain whether official emphases of new security threats to the state or scholarly accents on security interests beside those of the state offer the superior basis for re-analysis. Secondly, the scholarly accounts are presented in terms of an over- simplified dichotomy of state and societal security, and it remains to be shown what the components and particular security imperatives of each might be. The thesis turns to the specialist theoretical literature for tools to explore these questions. That literature readily explains the general circumstances —especially the structural challenges— faced by developing countries, but lacks a satisfactory analytic core focus for the practical investigation of actual security situations at the more immediate level. This focus is needed to help determine which of a very wide range of potentially relevant problems, goals, actors, and coping strategies should be considered, and how they ought to be explained. The thesis proposes a simple analytical framework to provide such a focus. This emphasises a consistent "search for security", based on the pursuit of a distinct core value, by each of five key categories of security referents or "stakeholders". The thesis begins to test and refine the ability of this model to provide the core focus needed to address the practical questions indicated above. It does so through a survey of the principal challenges shaping Papua New Guinea’s security in the 1990s, and by examining a pair of case studies involving civil war on Bougainville and renewed highlands warfare. Initial results are quite encouraging. The model contributes to a deeper understanding of security in Papua New Guinea by helping guide the more precise disaggregation of state and societal security. This has implications for attempts to assess and improve the country's overall security situation, and may enrich the wider literature on security in developing countries, in turn. i ABBREVIATIONS and ACRONYMS ACFOA Australian Council For Overseas Aid ADB Asian Development Bank ADFA Australian Defence Force Academy AIDAB Australian International Development Assistance Bureau ANGAU Australian New Guinea Administrative Unit ANU Australian National University AusAID Australian Agency for International Development B Billion BCA Bougainville Constituent Assembly BCL Bougainville Copper Limited BFM Bougainville Freedom Movement BHP Broken Hill Propriety Limited BIG Bougainville Interim Government BP years before present BPC Bougainville People's Congress BRA Bougainville Revolutionary Army BRG Bougainville Reconciliation Government BSIP British Solomon Islands Protectorate BTG Bougainville Transitional Government CHNG Central Highlands of New Guinea CIS Corrective Institutions Service CPC Constitutional Planning Committee CRA Conzinc Rio-Tinto of Australia Limited CRC Constitutional Review Commission DCP Defence Cooperation Program DFAT Australian Department of Foreign Affairs and Trade DIB Papua New Guinea Defence Intelligence Bureau DoD Department of Defence ed. edited by EDF Electoral Development Fund EHP Eastern Highlands Province ERP Economic Recovery Program EU European Union FCDB Foundation for Community Development in Bougainville ft feet FLOJ Foundation for Law, Order and Justice Fr Father GDP Gross Domestic Product GNP Gross National Product G17 Group of Seventeen Islands Region MPs IASER Institute of Applied Social and Economic Research IBRD International Bank for Reconstruction and Development (World Bank) ICRAF Individual and Community Rights Advocacy Forum ICRC International Committee of the Red Cross IGFA Intergroup Fighting Act 1977 IGO International Governmental Organisation ILO International Labour Organisation IMF International Monetary Fund INA Papua New Guinea Institute of National Affairs IR International Relations ISA Internal Security Act 1993 JCFADT Joint Committee on Foreign Affairs, Defence and Trade ii JSCFADT Joint Standing Committee on Foreign Affairs, Defence and Trade K Kina kg kilograms km kilometres LLDCs Least Developed Countries LLGs Local Level Governments LNA League of National Advancement Party LOSWG Law and Order Sector Working Group M million m metres MA Melanesian Alliance Party MEF Melanesian Environment Foundation MelSol Melanesian Solidarity for Justice, Peace and Dignity MFAT New Zealand Ministry of Foreign Affairs and Trade MHA Member of the House of Assembly MoU Memorandum of Understanding MP Member of Parliament MRA Moral Re-Armament NA National Alliance Party NANGO National Alliance of Non-Governmental Organisations NCD National Capital District NEC National Executive Council NGI New Guinea Islands provinces NGO Non-Governmental Organisation NGRU New Guinea Research Unit NICs Newly Industrialising Countries NIO National Intelligence Organisation NPC National Planning Council NPLA New Panguna Landowners' Association NS North Solomons NSPG North Solomons Provincial Government NZ New Zealand ODA Overseas Development Assistance OECD Organisation for Economic Cooperation and Development ONA Australian Office of National Assessments OPM Organisasi Papua Merdeka OTML Ok Tedi Mining Limited P Tokpisin language Pangu Papua and New Guinea Union Party PAP Peoples Action Party PDM Peoples Democratic Movement Party PIR Pacific Islands Regiment PJV Porgera Joint Venture Limited PLA (old) Panguna Landowners' Association PM Prime Minister PMF Peace Monitoring Force PNG The Independent State of Papua New Guinea PNGDF The Papua New Guinea Defence Force PNGWC Papua New Guinea Watch Council PoM Port Moresby PPCC Peace Process Consultative Committee PPP Peoples Progress Party PSDA Provincial Social
Load more

Recommended publications
  • Papua New Guinea
    Country Report Papua New Guinea Papua New Guinea at a glance: 2004-05 OVERVIEW The governing coalition, led by the prime minister, Sir Michael Somare, should have a large enough parliamentary majority to defeat a no-confidence motion, if such a motion eventuates. However, the political scene remains unsettled, and the government’s effectiveness will be limited. The economic outlook is fairly positive for 2004-05. Inflationary pressures are easing, and improvements in agriculture, mining and oil activity should contribute to a pick-up in real GDP growth of more than 2% a year in 2004-05. The current account will remain in surplus in 2004, but will shift into deficit in 2005 as export revenue slips. Key changes from last month Political outlook • The opposition applied for a motion of no confidence in early July, but its application was rejected on “technical grounds”. If Sir Michael is eventually subjected to a motion of no confidence, he should have sufficient support in parliament to defeat it, barring extraordinary circumstances. Economic policy outlook • In the first quarter the government spent only 2% of its development budget. Therefore, there will be pressure on ministries and government agencies to speed up spending, particularly counterpart spending to facilitate the disbursement of international aid. Economic forecast • The kina continues to appreciate against the US dollar. By early July the kina had strengthened by around 6% compared with its value at end-2003. Stronger import demand will put some downward pressure on the kina during the remainder of the 2004. July 2004 The Economist Intelligence Unit 15 Regent St, London SW1Y 4LR United Kingdom The Economist Intelligence Unit The Economist Intelligence Unit is a specialist publisher serving companies establishing and managing operations across national borders.
    [Show full text]
  • Papua New Guinea
    COUNTRY REPORT Papua New Guinea The full publishing schedule for Country Reports is now available on our website at http://www.eiu.com/schedule. 4th quarter 1999 The Economist Intelligence Unit 15 Regent St, London SW1Y 4LR United Kingdom The Economist Intelligence Unit The Economist Intelligence Unit is a specialist publisher serving companies establishing and managing operations across national borders. For over 50 years it has been a source of information on business developments, economic and political trends, government regulations and corporate practice worldwide. The EIU delivers its information in four ways: through subscription products ranging from newsletters to annual reference works; through specific research reports, whether for general release or for particular clients; through electronic publishing; and by organising conferences and roundtables. The firm is a member of The Economist Group. London New York Hong Kong The Economist Intelligence Unit The Economist Intelligence Unit The Economist Intelligence Unit 15 Regent St The Economist Building 25/F, Dah Sing Financial Centre London 111 West 57th Street 108 Gloucester Road SW1Y 4LR New York Wanchai United Kingdom NY 10019, US Hong Kong Tel: (44.20) 7830 1000 Tel: (1.212) 554 0600 Tel: (852) 2802 7288 Fax: (44.20) 7499 9767 Fax: (1.212) 586 1181/2 Fax: (852) 2802 7638 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] Website: http://www.eiu.com Electronic delivery EIU Electronic New York: Lou Celi or Lisa Hennessey Tel: (1.212) 554 0600 Fax: (1.212)
    [Show full text]
  • Election 2007: the Shift to Limited Preferential Voting in Papua New Guinea
    ELECTION 2007 The Shift to Limited Preferential Voting in Papua New Guinea Edited by R.J. May • Ray Anere Nicole Haley • Katherine Wheen ELECTION 2007 The Shift to Limited Preferential Voting in Papua New Guinea Edited by R.J. May • Ray Anere Nicole Haley • Katherine Wheen Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at http://epress.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Election 2007 : the shift to limited preferential voting in Papua New Guinea / edited by R.J. May ... [et al.]. ISBN: 9781922144294 (pbk.) 9781922144300 (ebook) Notes: Includes bibliographical references. Subjects: Elections--Papua New Guinea. Preferential ballot--Papua New Guinea. Papua New Guinea--Politics and government--1975- Other Authors/Contributors: May, R. J. (Ronald James), 1939- Dewey Number: 324.609953 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Maps: Jennifer Sheehan, CartoGIS, ANU College of Asia and the Pacific Photograph credits: Cover: R.J. May; Chapters 5, 8, 20, 21: Nicole Haley; Chapter 19: Richard Eves Cover design and layout by ANU E Press Printed by Griffin Press First published by the Papua New Guinea National Research Institute and the State, Society and Governance in Melanesia Program, The Australian National University, 2011. This edition © 2013 ANU E Press Contents Foreword and Acknowledgements . ix Contributors . xi Part 1: Issues 1 .
    [Show full text]
  • Loggers, Donors and Resource Owners PAPUA NEW Papua New Guinea Is Well Endowed with Tropical Forest, Almost All of Which Is Held by Local People Under Customary Title
    Policy thatworksforforestsandpeople Loggers, donors and resource owners PAPUA NEW Papua New Guinea is well endowed with tropical forest, almost all of which is held by local people under customary title. But the forest sector is in a mess. Over the last ten years a major national process G UINEA of policy and institutional reform has sought to sort out the sector, but some key features of PNG society continue to frustrate this process. The ‘ideology of resource ownership’ is the core of national identity, yet it undermines the potential for diversified economic development based on the use or value of land and forests. Also, a widespread obsession with the pursuit of personal political power grows alongside an equally widespread loss of faith in the ability of government to deliver social and economic devel- opment. These contradictions help to explain why the national policy process centres on a struggle between the logging industry and donor agencies for the hearts and minds of the resource owners. Whilst this struggle throws up many problems, it also presents opportunities for establishing a new approach to policy for forests and people. This would establish the common ground upon which a wider coalition of interests - a new ‘policy community’ - could be built. Opportunities include: developing mechanisms for testing and publicising claims to productive innovation; combining different scales of No: 2 NewGuinea Papua Sekhran with Filer enterprise; generating a vision of the public interest through dialogue; and installing a brokering mechanism to connect needs with existing capacities. Policy that works for forests and people series Forest issues often concern large amounts of money, long timeframes, huge areas of land, and diverse livelihoods.
    [Show full text]
  • Partners in Crime
    Partners in crime The political web that supports the illegal Kiunga Aiambak timber project Canberra Friends of PNG Association May 2002 Contents Executive summary Introduction The core of the scam Paiso Limited Concord Pacific Philip Lee Illegal Timber Authorities Illegal Tax Concessions The political web The fine detail Deputy Prime Minister Minister for Foreign Affairs Minister for Mining Minister for Works Minister for Transport Minister for Agriculture Ex Minister for Finance Ex Minister for Forests Governor of Milne Bay Member for North Waghi Member for Middle Fly Governor of Western Province Attorney General Ex Forest Authority Managing Director Ex Secretary for Agriculture Secretary for Lands Prime Minister Appendices Background documentation Executive summary The Kiunga Aiambak timber project has been operating since 1994. The project is widely known to be totally illegal and the PNG Forest Authority accepted this as early as 1995.1 The illegality of the project was confirmed in the Independent Forestry Review (2001)2 and has been publicly acknowledged by the Prime Minister.3 Local landowners have been complaining since 1995, calling for an Ombudsman Inquiry and for the project to be shut down.4 However the project is still on going with more than US$50 million worth of logs having been exported. Meanwhile the Government has lost out on potential tax revenues because of illegal tax exemptions given to the project and the local people have suffered a catalogue of negative social and environmental impacts. So why has no effective action been taken to stop the project and prosecute some of those who have been involved? The map below may begin to give an answer to this question and should be seen in the context of the widespread allegations of political corruption and institutionalised mismanagement in the forest industry.
    [Show full text]
  • Thursday 27 July 2018 DRAFT HANSARD
    EIGHT DAY _____________________ Thursday 27 July 2018 DRAFT HANSARD _____________________ Subject: Page No: INAUGURAL SPEAKERS’ SUMMIT – STATEMENT BY THE DEPUTY SPEAKER .............................................................................. 1 QUESTIONS ................................................................................................................................................................................ 2 Election of Councillors and Presidents .................................................................................................................................. 2 Supplementary Question ...................................................................................................................................................... 4 Council and Council Presidential Powers .............................................................................................................................. 4 PNG’s Total Debt Over Four Years ........................................................................................................................................ 5 Supplementary Question - Exact figures of National Budget .............................................................................................. 12 National Budget Consistent with Law ................................................................................................................................. 13 Provincial Administrator - Madang ....................................................................................................................................
    [Show full text]
  • 453 Proof 2012-13-14-15 PAPUA NEW GUINEA MINUTES OF
    453 Proof 2012-13-14-15 PAPUA NEW GUINEA MINUTES OF PROCEEDINGS OF THE NATIONAL PARLIAMENT No. 99 Wednesday, 11 February, 2015 1 The Parliament met at ten o'clock a.m. pursuant to adjournment. The Speaker (Mr Theo Zurenuoc) took the Chair. Absence of quorum: The Speaker reported to the Parliament that a quorum of Members was not present and announced that he would again take the Chair at the ringing of the Bells. Suspension of sitting: At ten o'clock a.m., the Speaker left the Chair. Resumption of sitting: At fifteen minutes to eleven o'clock a.m., the Speaker resumed the Chair, and a quorum of Members being present and in accordance with Standing Order 34, invited Mr Kila Haoda (Governor for Central) to say Prayers. 454 No. 99-11 February 2015 SUSPENSION OF STANDING ORDERS - ELECTION OF DEPUTY SPEAKER: Mr James Marape (Leader of Government Business), by leave, moved — That so much of the standing orders be suspended as would prevent the Parliament proceeding with the election of a Deputy Speaker. Question - put and passed. DEPUTY SPEAKER - ELECTION: Mr Mao Zeming (Minister for Fisheries and Marine Resources) proposed to the Parliament for its Deputy Speaker, Mr Aide Ganasi (Member for South Fly), which was seconded by Mr Ano Pala (Minister for Justice and Attorney-General). Mr Aide Ganasi informed the Parliament that he accepted the nomination. Mr Sam Basil (Deputy Opposition Leader) proposed to Parliament for its Deputy Speaker, Mr Francis Marus (Member for Talasea), and there being no seconder - Mr Francis Marus declined the nomination.
    [Show full text]
  • The Case of Papua New Guinea and Japan
    University of Wollongong Theses Collection University of Wollongong Theses Collection University of Wollongong Year State-society interaction and the survival of the state: the case of Papua New Guinea and Japan Kazuhiro Monden University of Wollongong Monden, Kazuhiro, State-society interaction and the survival of the state: the case of Papua New Guinea and Japan, PhD thesis, School of History and Politics, University of Wollongong, 2008. http://ro.uow.edu.au/theses/144 This paper is posted at Research Online. http://ro.uow.edu.au/theses/144 STATE–SOCIETY INTERACTION AND THE SURVIVAL OF THE STATE: THE CASE OF PAPUA NEW GUINEA AND JAPAN Kazuhiro Monden A thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy University of Wollongong 2008 DECLARATION This thesis represents my own work except where otherwise acknowledged. Kazuhiro Monden 21 October 2008 In memory of my friends and grandparents: my friends – Kevin Artango and Kenny Albert Leana – who made the ultimate journey without saying ‘goodbye’; and my grandparents – Yoshiaki and Chie Kano – who inspired my interest in the history of humankind. TABLE OF CONTENTS ABSTRACT…………………………………………………………………………………i ACRONYMS/GLOSSARY…..…………………………………………………………...iii LIST OF TABLES……………...………………………………………………………...vii ACKNOWLEDGEMENTS.………………………...…………………………………..viii INTRODUCTION………………………………...…………………………………...…...1 Introduction………………………………………………………………………….2 SECTION ONE: Nation States, Weak States and Strong States………………….…..10 Chapter One: Globalisation and
    [Show full text]
  • Lest We Forget
    Lest We Forget A review of 20 unresolved issues of national concern 2007 – 2017 1 Table of Contents EXECUTIVE SUMMARY ............................................................................................................................................ 3 INTRODUCTION ...................................................................................................................................................... 5 TIMELINE OF EVENTS ......................................................................................................................................... 6 1.1 Central City Project....................................................................................................................................... 7 1.2 Pacific Maritime Industrial Zone .................................................................................................................. 7 1.3 5-star Boroko Casino Hotel........................................................................................................................... 7 1.4 Sir Hubert Murray Stadium .......................................................................................................................... 8 2.0 STATE-SANCTIONED LAND GRABS .................................................................................................................... 9 2.1 Special Agriculture & Business Lease ........................................................................................................... 9 2.2 Konebada Petroleum Park ...........................................................................................................................
    [Show full text]
  • Papua New Guinea at a Glance: 2001-02
    COUNTRY REPORT Papua New Guinea At a glance: 2001-02 OVERVIEW The government has been making progress in implementing its economic reform programme. However, economic activity in all sectors has been fairly subdued in 2000. The EIU estimates real GDP growth of 2.9% in 2000 and forecasts 3.8% in 2001 and 7.0% in 2002. Economic activity will pick up in the next few years with the development of major minerals and gas projects. Growth will also be driven by stronger domestic demand as interest rates fall. Inflation remained high in 2000 but should fall in 2001 and 2002 as price stability becomes the primary focus of the Bank of Papua New Guinea (the central bank). The current account will remain in surplus in 2001 but will fall into deficit as imports of capital equipment for these projects rise significantly in 2002. The kina is steadily depreciating but should remain in an acceptably narrow trading range in 2001 and 2002 as capital inflows counterbalance the increasing demand for imports. Key changes from last month Political outlook • Sir Mekere Morauta has reshuffled his cabinet again in an attempt to rid the government of disloyal members. The former prime minister, Sir Michael Somare, was the latest casualty. He was dismissed for not voting with the government on the integrity bill. The bill was eventually passed by a vote of 84-0. Economic policy outlook • Changes to the tax regime for gas, oil and mining, announced in the 2001 budget should encourage new exploration and development in these areas. Economic forecast • We have revised downwards our estimate for GDP growth in 2000 from 4.1% to 2.9% following a decline in economic activity in all sectors.
    [Show full text]
  • Sandline International
    ' Challenging the State Challenging the State: the Sandline Affair in Papua New Guinea Edited by Sinclair Dinnen, Ron May and Anthony J. Regan Published jointly by National Centre for Development Studies Research School of Pacific and Asian Studies The Australian National University Canberra Pacific Policy Paper 30 and Department of Political and Social Change Research School of Pacific and Asian Studies The Australian National University Regime Change/Regime Maint enance Discussion Paper No. 21 © National Centre for Development Studies 1997 This work is copyright. Apart from those uses which may be permitted under the Copyright Act 1968 as amended, no part may be reproduced by any process without written permission from the publisher. This book is a joint publication of the National Centre for Development Studies, the State, Society and Governance in Melanesia project, and the Department of Political and Social Change, Research School of Pacific and Asian Studies, The Australian National University. The contribution of the Australian Agency for International Development (AusAID) towards the publication of this series is gratefully acknowledged. The opinions contained in this volume are those of the authors, and not necessarily of the National Centre for Development Studies, the State, Society and Governance in Melanesia project, the Department of Political and Social Change, or of AusAID. ISSN 0817-0444 National Library of Australia Cataloguing-in-Publication entry Challenging the state : theSandline Affair in Papua New Guinea. Bibliography. ISBN 0 7315 2366 0. 1. Internalsecurity - Papua New Guinea. 2. Civil-military relations - Papua New Guinea. 3. Papua New Guinea - Military policy. 4. Papua New Guinea - Armed Forces.
    [Show full text]
  • Supreme Court Bench Book a Reference to Decided Cases on Procedural Issues and Miscellaneous Matters in the Supreme Court
    SUPREME COURT OF PAPUA NEW GUINEA Supreme Court Bench Book A Reference to Decided Cases on Procedural Issues and Miscellaneous Matters in the Supreme Court Text of decided cases set out under headings of types of application or proceeding And the Supreme Court Rules 1984 — 2010 with case law annotations; including cases on Contempt, Slip Rule applications and Statutory interpretation. i Foreword by the Chief Justice A large part of the work of the Supreme Court is dealing with procedural applications. Therefore this reference book starts with bringing together the essential statutory and case law citations for the various types of procedural applications, setting out the text of the legislation and appropriate quotations from the cases. In an appropriate case the Court will be able to deliver an extempore judgement quoting from the text of the Bench Book. For cross referencing ease at that back of the Bench Book the Supreme Court Act and the Supreme Court Rules are set out with short form commentary from the decided cases. Unfortunately the court cannot always rely on Counsel to refer the court to the appropriate legislation and case citations. This work is aimed at saving judicial time in research, particularly in the types of application which come before the court on a regular basis. As the number of judges in the National Court has grown, and consequently the number of judges sitting in the Supreme Court jurisdiction has also grown, some issues concerning a consistent and unified application of the law have arisen, on occasion requiring the Constitution of a five judge bench to resolve a conflict of decisions.
    [Show full text]