Email traffic 2. Nic McClellan A legal path to compensation for victims of British nuclear testing in Australia

From: “Nic Maclellan”

Dear friends
In light of the ongoing refusal by the UK government to address the rights of service personnel and indigenous communities affected by nuclear testing, I’ve attached some historical documents that may be of use
– A copy of the Cabinet paper presented to the Hawke Labor government in 1985 (recently released by the National Archives), outlining the recommendations of the McLelland Royal Commission into British Nuclear Tests in Australia
– A copy of a 1993 memo outlining the payment schedule from the UK government for the 20 million pounds pledged as “full and final settlement of all claims whatsoever”, together with the final 1993 treaty between Australia and the UK government
Regards
Nic Maclellan
Journalist and researcher

Australian Treaty Series
[Index] [Global Search] [Database Search] [Noteup] [Help]
Australian Treaty Series 1993 No 40
DEPARTMENT OF FOREIGN AFFAIRS AND TRADE
CANBERRA
Exchange of Notes constituting an Agreement between the Government of Australia and the
Government of the United Kingdom of Great Britain and Northern Ireland concerning
Maralinga and other Sites in Australia
(London, 10 December 1993)
Entry into force: 10 December 1993
AUSTRALIAN TREATY SERIES
1993 No. 40
Australian Government Publishing Service
Canberra
Australian Treaty Series
[Index] [Global Search] [Database Search] [Noteup] [Help]
Australian Treaty Series 1993 No 40
DEPARTMENT OF FOREIGN AFFAIRS AND TRADE
CANBERRA
Exchange of Notes constituting an Agreement between the Government of Australia and the
Government of the United Kingdom of Great Britain and Northern Ireland concerning
Maralinga and other Sites in Australia
(London, 10 December 1993)
Entry into force: 10 December 1993
AUSTRALIAN TREATY SERIES
1993 No. 40
Australian Government Publishing Service
Canberra
(c) Commonwealth of Australia 1995
[Note from the United Kingdom Minister of State for Foreign and Commonwealth Affairs to the
Australian High Commissioner, London]
I
Your Excellency,
I have the honour to refer to the Memorandum of Arrangements of 7 March 1956 between the
Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as
“the Government of the United Kingdom”) and the Government of Australia concerning the Atomic
Weapons Proving Ground at Maralinga (hereinafter referred to as “the 1956 Memorandum”) and to
the Memorandum of 23 September 1968 between the two Governments regarding the Termination of
the 1956 Memorandum (hereinafter referred to as “the 1968 Memorandum”), and to the discussions
between representatives of the two Governments concerning the former United Kingdom nuclear test
and experimental programme sites in Australia (that is to say, at Maralinga, at the Monte Bello
Islands and at Emu Field; hereinafter referred to as “the sites”) and to make the following proposals.
1. The Government of the United Kingdom shall on an ex gratia basis pay to the Government of
Australia the sum of [sterling]20 million (twenty million pounds sterling) in full and final settlement
Page 1of 3
Exchange of Notes constituting an Agreement between the Government of Australia a…
18/02/2008
http://www.austlii.edu.au/au/other/dfat/treaties/1993/40.html
of all claims whatsoever of the kind referred to in paragraph 2 below, the sum to be payable in
accordance with the following timetable:
(1) the sum of [sterling]5 million shall be paid on or before 1 January 1994;
(2) the sum of [sterling]4 million shall be paid on 1 October 1994;
(3) the sum of [sterling]3 million shall be paid on 1 October 1995;
(4) the sum of [sterling]3 million shall be paid on 1 October 1996;
(5) the sum of [sterling]3 million shall be paid on 1 October 1997;
(6) the sum of [sterling]2 million shall be paid on 1 October 1998.
2. Subject to paragraph 3 below, the claims referred to in paragraph 1 are any claims whatsoever
which the Government of Australia or any person, natural or legal, may have, now or in the future,
arising out of any act, matter or thing done or omitted to be done by the United Kingdom or its
servants or agents in relation to the carrying out of nuclear tests or experimental programmes by the
United Kingdom at the sites in Australia or in relation to the decontamination and clearance of the
sites.
3. The Government of the United Kingdom shall indemnify the Government of Australia in respect
of all claims which arise out of the death or injury of any person and which –
(i) are referred to in paragraph (c) of the 1968 Memorandum, or
(ii) result from nuclear tests or experimental programmes at the Monte Bello Islands in respect of
which the cause of action occurred before 27 June 1956.
4. The Government of Australia shall indemnify the Government of the United Kingdom against any
loss, costs, damages or expenses which the Government of the United Kingdom may incur or be
called upon to pay as a result of any such claims by any person, natural or legal, as are referred to in
paragraph 2 above.
5. If a claim covered by paragraph 3 or 4 is made, the Government against whom, or against whose
representatives, a claim is brought shall inform the other Government of the claim prior to the
commencement of proceedings or as soon as possible thereafter. The Governments shall consult at
the request of either of them on the conduct of the legal proceedings arising out of the claim and on
the manner in which the claim may be settled.
6. In relation to a claim for which the cause of action occurred prior to the date of entry into force of
this Agreement, references in paragraphs 2 and 4 above to any person shall not include a person who
was at the time when the cause of action occurred a member of HM Forces or a person employed by
the Government of the United Kingdom for the purpose of working on the sites. This paragraph has
no application to members of the forces of the Commonwealth of Australia.
If the above proposals are acceptable to the Government of Australia, I have the honour to suggest
that this Note and your Excellency’s reply to that effect shall constitute an Agreement between the
two Governments which shall enter into force on the date of your reply[1].
I have the honour to convey to your Excellency the assurance of my highest consideration.
[Signed:]
Page 2of 3
Exchange of Notes constituting an Agreement between the Government of Australia a…
18/02/2008
http://www.austlii.edu.au/au/other/dfat/treaties/1993/40.html
ALASTAIR GOODLAD
10 December 1993
[Note from the Australian High Commissioner, London, to the United Kingdom Minister of State for
Foreign and Commonwealth Affairs]
II
Your Excellency,
I have the honour to acknowledge receipt of your Note of today’s date which reads as follows:
[Here follows text as printed under I.]
In reply I have the honour to inform your Excellency that the foregoing proposals are acceptable to
the Government of Australia, who therefore agree that your Note and this reply shall constitute an
Agreement between the two Governments in this matter, which shall enter into force on today’s date.
I have the honour to convey to your Excellency the assurance of my highest consideration.
[Signed:]
RICHARD SMITH
10 December 1993
[1] The Agreement entered into force 10 December 1993.Page 3of 3
Exchange of Notes constituting an Agreement between the Government of Australia a…

The other documents will be converted to images as I find the time to convert the pdf.s


%d bloggers like this: