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'I Hope to Be of Some Real Assistance to Your Government'

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'I Hope to Be of Some Real Assistance to Your Government' ‘I hope to be of some real assistance to your government’ The Extra-Judicial Activities of Sir William Flood Webb, 1942-1948 Peter Provis Thesis submitted in total fulfilment of the requirement for the Degree Doctorate of Philosophy History Discipline, School of International Studies, Faculty of Social and Behavioural Sciences, Flinders University April 2015 Contents Abstract ............................................................................................................................... viii Declaration ............................................................................................................................. x Acknowledgements ............................................................................................................... xi Abbreviations ...................................................................................................................... xiii A Chronology of the Life of Sir William Flood Webb 1887 – 1972 .................................. xv Introduction ............................................................................................................................ 1 Sir William Webb as a Case Study .................................................................................... 5 Literature Review .............................................................................................................. 8 Thesis and Methodology .................................................................................................. 22 Structure of the Thesis ..................................................................................................... 28 Chapter One: Extra-Judicial Activities ............................................................................... 35 Historical Development of Royal Commissions of Inquiry ............................................ 38 Legal Basis and Procedures of Royal Commissions in Australia .................................... 40 National Security Inquiries ...........................................................................................44 Appointment and Functions of Commissions of Inquiry ................................................. 49 Other Extra-Judicial Activities ........................................................................................ 53 The Debate Regarding Judicial Involvement in Extra-Judicial Activities ...................... 64 Summary .......................................................................................................................... 82 i Chapter Two: Webb’s public life before the Second World War ........................................ 85 The Public Service Years (1904-1925) ............................................................................ 87 The Supreme Court (1925-1946) ..................................................................................... 96 Extra-Judicial Activities for the Queensland Government .............................................. 99 Industrial Relations under Webb (1925-1946) ...........................................................100 Central Sugar Cane Prices Board ................................................................................107 Traveston Railway Disaster Inquiry (1925) ................................................................111 Royal Commission into Transport (1936-1937) .........................................................116 Royal Commission into Sugar Peaks and Cognate Matters (1938) ............................118 Summary: Honours and the Call for National Duty ...................................................... 120 Chapter Three: The Industrial Relations Council 1942 ..................................................... 127 The Establishment of the Industrial Relations Council ................................................. 129 Membership of the Industrial Relations Council ........................................................... 133 The Appointment of Webb and the Drafting of Regulations Establishing the Council 137 First Meetings and Items of Agendum of the Industrial Relations Council .................. 143 The Demise of the Council ............................................................................................ 146 Women’s Employment Board ....................................................................................... 155 Removal of Jurisdiction for Statutory Bodies Chaired by a Judge: A Comparison ...... 159 Summary ........................................................................................................................ 162 ii Chapter Four: First and Second War Crimes Commissions 1942-1944 ........................... 167 Historical Background to War Crimes ........................................................................... 169 Allied Responses to War Crimes during World War II ................................................. 171 The First Australian War Crimes Inquiry ...................................................................... 175 The Allen Court of Inquiry .........................................................................................178 Appointment of Sir William Webb .............................................................................180 Functioning of the Commission ..................................................................................183 Findings of the First Report ........................................................................................186 The Second War Crimes Commission ........................................................................... 189 Treatment of Prisoners of War ....................................................................................192 The Sinking of the Centaur .........................................................................................196 Webb Reports to the United Nation War Crimes Commission ..................................... 199 Summary ........................................................................................................................ 201 Chapter Five: The Censorship Inquiry of 1944 ................................................................ 203 Second World War Policy and Regulations .................................................................. 205 Censorship and the Referendum .................................................................................... 213 The Committee on Privileges ........................................................................................ 218 Parliamentary Standing Committee on Censorship ....................................................... 221 The Hannan Allegations and the Clyne Commission .................................................... 234 iii The Replacement of the Parliamentary Committee for a Judicial Inquiry .................... 242 The Webb Commission ................................................................................................. 246 Reception of Webb’s Report .......................................................................................... 254 The Censorship Commission and Judicial Independence .............................................. 260 Summary ........................................................................................................................ 262 Chapter Six: Third War Crimes Commission 1945-1946 ................................................. 265 Webb’s Delayed Reappointment ................................................................................... 267 Impact on the Supreme Court of Queensland ................................................................ 275 Shifting functions of the Commission ........................................................................... 277 Webb’s relationship with Judge Kirby .......................................................................... 279 The ‘Sidelining’ of the Commission by the Army ........................................................ 287 Australian War Crime Trials .......................................................................................... 298 Publicity of the Webb Reports ....................................................................................... 306 Summary ........................................................................................................................ 308 Chapter Seven: International Military Tribunal for the Far East 1946-8 ......................... 310 Establishment of the IMTFE .......................................................................................... 313 Selection and Appointment of Webb as President of the Tribunal ................................ 315 The Defendants .............................................................................................................. 329 Webb’s Leadership: Rules of Procedure ....................................................................... 331 iv Webb’s Leadership: Interaction with Other Participants .............................................. 334 Return to Australia ......................................................................................................... 339 Omission of Cannibalism from the Trial ....................................................................... 347 Judgment and Webb’s Separate Opinion ....................................................................... 350 Summary ........................................................................................................................ 356 Chapter
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