Letter dated 10 October 1961
To Senator Vincent, Parliament House Canberra
From Moira Dynon
Dear Senator Vincent,
It was with great interest that I read in Hansard your speech in the Senate of 28th September concerning the Australian – Japanese children in Japan.
In view of your remarks suggesting vagueness of the proposals of the Australian Asian Association of Victoria with regard to the Appeal for Australian – Japanese children in Japan, I enclose for your information the following:
- Special Report on Australian – Japanese Children in Japan, July 1960.
- Progress Report on the Implementation of the Project, August 1961.
Before the Association decided to launch this Appeal, a special Sub-Committee was set up to investigate the problem. The members of the Sub-Committee were Sir Albert Coates, Mr. S. Dimmick, Mr. R.R. Buxton and myself as Chairman. The Report was compiled after five months intensive investigation.
You may know that the Appeal raised directly over £5500 and in addition a large consignment of new woollen clothing and toys was sent direct to the Australian Ambassador in Japan for distribution to the children. From other sources in Victoria, a further £3000 has now been donated. You will note that the Progress Report sets out the way in which the fund is being administered in Japan. At a recent meeting of the Executive of our Association, The Executive approved the Educational plan as set out in the Progress Report. In addition, it voted £250 of additional donated money towards the cost of the salary of the Trained Social Worker, who is employed by the International Social Service and who is counselling the Australian-Japanese children and their mothers.
As you are aware, our Association is a voluntary organization and has no funds of its own to distribute. The moneys raised for specific help are raised by Appeals to our members and to the public. With regard to the Appeal for Australian – Japanese children in Japan, no donation was received from the Federal Government nor were tax deductions allowed on donations to our Appeal.
May I refer now to what you said with regard to the obligation on every father to support his child and your suggestion that it would be better to help the Japanese mothers of the children to enforce the law in Australia. You said ‘We have a law that is applicable. It should be enforced. We could well concern ourselves with its enforcement.” It seems to me that the first thing that arises is whether or not there was a valid marriage. In February 1960, I had representations made to the Attorney General, Sir Garfield Barwick, regarding the legal effect of the Army ban on marriages between Australian servicemen and Japanese women. Sir Garfield Barwick replied “So far as the questions involve matters of law, I do not feel that it would be proper for me, as Attorney General, to attempt to provide answers, nor do I think that I can furnish you with a reply of a general nature which would serve any useful purpose.” This was not any great help to those of us who were endeavouring to help the mothers and children concerned.
We would be indebted to you if you would assist us by indicating the appropriate the practical way that any such aggrieved wife and, or mother could approach the Court in Australia to seek maintenance for herself and/or her children, taking into consideration the fact that these Japanese women are living in dire poverty, and have very little knowledge of the English language and our laws and were told by Australian authorities that their marriages would not be recognized in Australia. In addition, what facilities does the Immigration Department provide for the coming into Australia of a Japanese woman and/or her children solely for the purpose of seeking maintenance in our Courts of Law against an Australian man whom she claims is her legal husband?
If you think that it is wise to approach the problem in the way you have suggested, could you ascertain if the Government would be prepared to finance a case in our Courts to test the validity of a marriage between a Japanese woman and an Australian serviceman, which took place in Japan in accordance with the local legal forms under Japanese Law at a time when there was an Army ban on such unions.
It seems to us that after all this time it would be unwise to approach the problem in this way particularly in light of the facts in the Special Report. I feel that it is particularly unfortunate in all the circumstances that the Federal Government has consistently refused to help these children and their mothers.
With every good wish,
Yours sincerely
MOIRA DYNON
(Mrs. John F. Dynon)