25 May 1950: Trades Hall Council Registers Objections To Communist Dissolution Act
Title
25 May 1950: Trades Hall Council Registers Objections To Communist Dissolution Act
Subject
Communist Dissolution Act
Description
An outline of Victorian Trades Hall Council's issues with the Federal Government's proposed Communist Dissolution Bill.
Creator
Victorian Trades Hall Council
Source
Minute Book Trades Hall Council 1948 to 1950
Publisher
University of Melbourne Archives
Date
22/05/1950
Contributor
Jack Rudman
Rights
University of Melbourne Archives
Format
PDF
Language
English
Type
Meeting Minutes
Identifier
Item Number: 1978.0082.0020, pp. 357-358.
Coverage
Melbourne Trades Hall
Text
Secretary Stout, in submitting the report of the decisions of the A.C.T.U. Congress held May 16, 1950, said that Councils representatives to the A.C.T.U. Congress had informed the Executive that in regard to the Communist Dissolution Bill, they desired some guidance on this matter when attending Congress.
Secretary Stout reported that the Executive of the Council had met at a Special meeting on Sunday, May 14, 1950, to give consideration to the Council's opinions in this matter, and to determine a policy for the guidance of Council's representatives to the Congress.
Secretary reported that after much consideration, the following resolution had been carried by the Executive:
"That the delegates to the Full Executive of the A.C.T.U. and Special Congress be advised that the opinion of this meeting of the Executive is that they should support the attitude taken by the Australian Labor Party."
Secretary said that the Executive, in short, had decided to support the action of the Federal Parliamentary Labor Party's decision in this matter. Secretary Stout then reported that the Congress had given consideration to the Communist Dissolution Bill, and the following resolution had been carried by Congress, after many amendments submitted to the Congress had been defeated.
Secretary Stout then read the resolution carried:--
This Special Congress of the A.C.T.U., is of the opinion that any political creed or Party is entitled to espouse its beliefs or Policies unfettered by legislative or administrative action unless, upon a proper and impartial examination by appropriate, civil courts of law, it has been adjudged guilty of espionage, sedition or any acts prejudicial to the well being of the State. The suppression of any political party by legislative enactment or repressive administrative act is repugnant to the democratic instincts of freedom loving peoples.
Congress strongly condemns the legislation now before the Federal Parliament providing for the dissolution of a political party and the seizing of its assets.
We consider that sections of the Federal Government's Bill are abhorrent to the ordinary concepts of justice, and particularly draw attention to the power which will be usable by the Federal Government to –
(1) "Declare" an Organisation of Employees engaged in a vital industry.
(2) "Declare" and remove an officer of a Union from his office forthwith.
(3) Force the individual to appeal to the High Court against the declaration by the Government with the onus of proof resting upon the individual to establish th-e.t he is not a member of the Communist Party, instead of the Government establishing proof in accordance with the ordinary principles of law.
(4) Enable an authorised person to enter the home of an individual and, if need be, by force and with such assistance as is necessary to break open, enter or search for documents.
Congress is of the opinion that the Bill should be rejected outright by both Houses of Parliament but, in view of the need for unity in the Labor Movement, we accept the decision made by the Federal Parliamentary Labor Party that substantial amendments be made to the Bill, conditional upon the Federal Labor Party insisting on its vital amendment providing for the onus of proof being placed squarely on the Crown instead of as proposed in the Bill being placed on the individual to prove he should not have been "declared" by the Government under the provisions of the Act.
Secretary Stout reported that the Executive of the Council had met at a Special meeting on Sunday, May 14, 1950, to give consideration to the Council's opinions in this matter, and to determine a policy for the guidance of Council's representatives to the Congress.
Secretary reported that after much consideration, the following resolution had been carried by the Executive:
"That the delegates to the Full Executive of the A.C.T.U. and Special Congress be advised that the opinion of this meeting of the Executive is that they should support the attitude taken by the Australian Labor Party."
Secretary said that the Executive, in short, had decided to support the action of the Federal Parliamentary Labor Party's decision in this matter. Secretary Stout then reported that the Congress had given consideration to the Communist Dissolution Bill, and the following resolution had been carried by Congress, after many amendments submitted to the Congress had been defeated.
Secretary Stout then read the resolution carried:--
This Special Congress of the A.C.T.U., is of the opinion that any political creed or Party is entitled to espouse its beliefs or Policies unfettered by legislative or administrative action unless, upon a proper and impartial examination by appropriate, civil courts of law, it has been adjudged guilty of espionage, sedition or any acts prejudicial to the well being of the State. The suppression of any political party by legislative enactment or repressive administrative act is repugnant to the democratic instincts of freedom loving peoples.
Congress strongly condemns the legislation now before the Federal Parliament providing for the dissolution of a political party and the seizing of its assets.
We consider that sections of the Federal Government's Bill are abhorrent to the ordinary concepts of justice, and particularly draw attention to the power which will be usable by the Federal Government to –
(1) "Declare" an Organisation of Employees engaged in a vital industry.
(2) "Declare" and remove an officer of a Union from his office forthwith.
(3) Force the individual to appeal to the High Court against the declaration by the Government with the onus of proof resting upon the individual to establish th-e.t he is not a member of the Communist Party, instead of the Government establishing proof in accordance with the ordinary principles of law.
(4) Enable an authorised person to enter the home of an individual and, if need be, by force and with such assistance as is necessary to break open, enter or search for documents.
Congress is of the opinion that the Bill should be rejected outright by both Houses of Parliament but, in view of the need for unity in the Labor Movement, we accept the decision made by the Federal Parliamentary Labor Party that substantial amendments be made to the Bill, conditional upon the Federal Labor Party insisting on its vital amendment providing for the onus of proof being placed squarely on the Crown instead of as proposed in the Bill being placed on the individual to prove he should not have been "declared" by the Government under the provisions of the Act.
Original Format
Meeting Minutes
Files
Collection
Citation
Victorian Trades Hall Council, “25 May 1950: Trades Hall Council Registers Objections To Communist Dissolution Act,” THE VICTORIAN TRADES HALL: AN ARCHIVAL HISTORY, accessed May 5, 2024, https://bpeddlesdenweds2.omeka.net/items/show/8.